Jharkhand High Court
Sanjeeda Khatoon vs Md. Sher Ali And Ors. on 1 November, 2002
Equivalent citations: II(2003)ACC658, 2004ACJ1368, [2003(2)JCR107(JHR)]
Author: Hari Shankar Prasad
Bench: Hari Shankar Prasad
ORDER
1. Heard the parties. Appellant was wife of Md. Miyajan Ansari, son of Md. Sher Ali of village Kundi, District-Ranchi. Her husband died in a motor accident dated 13.5.1989. She along with parents of her deceased husband filed Compensation Case No. 82 of 1989 under Section 166 of the Motor Vehicles Act, 1988 before Motor Vehicles Accident Claim Tribunal, Lohardaga, which was disposed of by order dated 25.8.2000. She is aggrieved by the observation made in the said order that if Sanjeeda Khatoon, widow of the deceased is remarried with another person after the death of her husband, she will not be entitled to get any amount of compensation and in that case entire amount would be received by parents of the deceased.
2. There was a delay of about 8 months in filing the appeal. Hence, IA No. 1233 of 2002 at flag 'B' was filed to condone the delay. Show cause notice in appeal as well as on condonation application was issued to the respondents on 30.7.2002. Thereafter they have appeared. For the reasons stated in the condonation application at flag 'B' delay in filing the appeal is condoned.
3. Md. Miyajan Ansari was employed as Khalasi on vehicle (BEN 6116) which met with an accident on 13.5.1989. The accident was caused due to rash and negligent driving. Miyajan Ansari sustained serious injuries. He was brought to Holi Family Hospital, Mandar and thereafter he was referred to RMCH, Ranchi, where he died in course of treatment on 20.5.1980. He was 20 years old and was earning Rs. 900/- per month besides Rs. 250/- for fooding. The vehicle in question was insured with Oriental Insurance Company Limited at the relevant time.
4. The Tribunal assessed a sum of Rs. 1,26,000/- payable to the claimants as compensation with interest @ 12% per annum from 2.8.1996 till realization. The Tribunal directed half of the amount to be paid to the parents and half to the widow of the deceased. However, it was observed that in case widow is remarried with another person, she will not be entitled to get any amount and entire amount of Rs. 1,26,000/- with Interest would be received by parents of the deceased. Mother of the deceased, who was one of the claimants died in the meantime.
5. The appellant is a young lady and after death of her first husband Md. Miyajan Ansari she has again married with one Mustakim of village Kanjiya.
6. Counsel for appellant submitted that merely because the appellant is now remarried she cannot be deprived of compensation in this case. In our opinion, after her remarriage if her husband Mistakim is in a position to maintain her, there is no question of her being paid compensation as dependent of deceased Miyajan. It is not her case that her second husband, namely. Mustakim is not in a position to maintain her. So, she is not entitled to get compensation under the Act. However, she remarried Mustakim not immediately after death of her first husband Miyajan and it appears that during the pendency of compensation case she was married with Mustakim. In such circumstance, keeping in view the agony and mental torture she sustained after sudden death of her young husband till she remarried Mustakim, in our opinion, she is entitled to be compensated and for that a sum of Rs. 26,000/-out of the total amount of compensation assessed by the Tribunal will be sufficient for her.
7. Accordingly, the impugned judgment and award are modified to the extent that out of total amount of compensation of Rs. 1,26,000/- the appellant will be paid Rs. 26,000/- only and rest of the amount, after death of mother of the deceased, will be paid to his father, Md. Sher Ali.
8. We are informed that Md. Sher Ali, respondent No. 1 has already received an account payee cheque for the entire amount of compensation along with interest issued by the Insurance Company. He is, therefore, directed to return the said cheque to the Insurance Company by 14.11.2002. Insurance company is directed to prepare two separate account payee cheques, one in the name of Sanjeeda Khatoon, the appellant for Rs. 26,000/- as principle amount of compensation plus interest and another in the name of Md. Sher Ali for Rs. l,00,000/- as principle amount plus interest up to the date on which the cheque was already issued earlier. With the aforesaid modification and direction the appeal is disposed of.