Remarriage of widow not ground to deny compensation to her under Motor Vehicles Act : Bombay High Court


The Bombay High Court passed a order on 3 March, 2023.This was seen in the case of. Iffco Tokio General Insurance Company vs Bhagyashri Gaikwad 111 OF 2019 and the case was presided over by Hon’ble Justice S. G. DIGE. 


In this case a petition Sakharam Gaikwad was riding the motorcycle and deceased Ganesh was a pillion rider on said motorcycle. At the time of incident, Sakharam was crossing Mumbai-Pune road for going towards Kamshet. At the relevant time, the Respondent drove his rickshaw in rash, excessive and negligent manner and thereby dashed to the motorcycle. Because of rash, Sakharam and deceased fell down on road, sustained multiple injured. Deceased Ganesh sustained head injury. Ganesh died while taking treatment. The offence was registered against the Respondent rickshaw driver.


Appeal is dismissed. No order as to costs. The Claimants are entitled for Rs.80,000/- as additional amount @ 7.5% per annum from 1 October 2017 till realization of the amount. The Appellant is directed to deposit the additional amount along with accrued interest thereon within four weeks, after receipt of this order. The Claimants are permitted to withdraw the additional amount along with accrued interest thereon. The statutory amount be transmitted to the Tribunal. Parties are at liberty to withdraw it as per rule. All pending Civil Applications, if any, are disposed of.

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