Although Nigeria is not on the compendium list of the Centre, The Madras High Court directed the Centre and Nigerian Embassy to pursue the claim of women for compensation for their husband’s death in Nigeria.
Case Title: Jemima Arumaithai and Another v. The Secretary to Government and Others.
Decided on October 20, 2023.
Case No.: WP(MD) No. 15498 of 2014.
CORAM: THE HON’BLE MR. JUSTICE B. PUGALENDHI.
Introduction
The present writ petition No. 15498 of 2014, has been filed under the provision of Article 226 of the constitution of India seeking the mandamus directing the respondents to award compensation due to the death of the petitioner’s husband in a car accident in Nigeria. On observing the facts and circumstances of the case the single-judge bench of Hon’ble Justice Mr. B. Puglendhi directed the Centre and Embassy of Nigeria to pursue the claim of women for compensation for their husband’s death in the car accident although Nigeria is not on the list of compendium of the Centre.
Facts of the case
The petitioners are young widows. Their husbands died while travelling in a company-owned car bearing the Reg. No.DY-794-APP, in Nigeria on 03.06.2013. They were working for a private company. The petitioner is requesting to arrange the insurance amount for their accident. The petitioners repeatedly made their representation to the respondents and filed this writ petitioner for the mandamus to direct respondent No. 3 & 5 to award the compensation based on proceedings held by respondents on 21.07.2014 and 28.07.2014.
Court’s observation
The Hon’ble Court observed that the petitioners lost their husbands at a very young age and are poor people and they cannot pursue litigation in Nigeria, although they have been fighting for compensation for their husband’s death for 11 years, and respondent no. 1 to 5 have forwarded the petitioner’s representation for necessary action. The Hon’ble Court directed respondents no 3 and 5 to pursue the claim of the petitioner with the company to pay adequate compensation to them as per the Rules in Nigeria within a period of six months, from the date of receipt of this order.
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Written by: Aamir Hussain.
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