High Court enhances compensation awarded to widow
MADURAI, APRIL 07, 2019 00:00 IST
Dismisses appeal by insurance company
Taking into account the plight of a widow, the Madurai Bench of Madras High Court enhanced the compensation awarded by a Motor Accident Claims Tribunal. The court dismissed the appeal preferred by the insurance company against the tribunal’s order.
Justice N. Kirubakaran observed that it was cruel the woman had lost her husband when she was 29 years.
She might have had to face social stigma and mental agony as a result. Even the sight of a widow was not considered auspicious in our conservative society, for which, we should hang our face in shame, the court said.
Even after decades of social advancements and works of leaders like Raja Ram Mohan Roy and Mahatma Gandhi, still women are not treated equally.
The court enhanced the compensation awarded by the tribunal from Rs. 4.49 lakh to Rs. 16 lakh along with an interest of 7.5% till the date of realisation.
The court directed the National Insurance Company to pay the compensation to the widow, her two minor children and her father-in-law within two weeks from the date of the order.
It is said that in 2003 the husband of the woman from Kumbakonam in Thanjavur district, a temple priest, met with an accident when his two-wheeler was hit by a tractor that was taking a reverse. Subsequently, he succumbed to his injuries.
However, when it was argued that the deceased had in fact hit a stationary vehicle, the court refused the argument and observed that when there was an inconsistency or contradiction between the FIR and the statement on oath, the statement of oath should be given evidentiary value, as per a Supreme Court ruling.
MADURAI, APRIL 07, 2019 00:00 IST
Dismisses appeal by insurance company
Taking into account the plight of a widow, the Madurai Bench of Madras High Court enhanced the compensation awarded by a Motor Accident Claims Tribunal. The court dismissed the appeal preferred by the insurance company against the tribunal’s order.
Justice N. Kirubakaran observed that it was cruel the woman had lost her husband when she was 29 years.
She might have had to face social stigma and mental agony as a result. Even the sight of a widow was not considered auspicious in our conservative society, for which, we should hang our face in shame, the court said.
Even after decades of social advancements and works of leaders like Raja Ram Mohan Roy and Mahatma Gandhi, still women are not treated equally.
The court enhanced the compensation awarded by the tribunal from Rs. 4.49 lakh to Rs. 16 lakh along with an interest of 7.5% till the date of realisation.
The court directed the National Insurance Company to pay the compensation to the widow, her two minor children and her father-in-law within two weeks from the date of the order.
It is said that in 2003 the husband of the woman from Kumbakonam in Thanjavur district, a temple priest, met with an accident when his two-wheeler was hit by a tractor that was taking a reverse. Subsequently, he succumbed to his injuries.
However, when it was argued that the deceased had in fact hit a stationary vehicle, the court refused the argument and observed that when there was an inconsistency or contradiction between the FIR and the statement on oath, the statement of oath should be given evidentiary value, as per a Supreme Court ruling.
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