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Widower gets no monetary relief if he remarries

A Delhi court has said working woman’s husband is entitled to monthly compensation in the event of her death in an accident only till the time he re-marries.

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NEW DELHI: A Delhi court has said working woman’s husband is entitled to monthly compensation in the event of her death in a road accident only till the time he re-marries.
“There cannot be different rules for both the genders. There cannot be a special law for women whether she is educated and earning independently or not. It is not that she always remains dependent on a man,” a Motor Accident Claim Tribunal headed by Swarana Kanta Sharma said.

The observations came while rejecting the plea of a man whose wife died in an accident that men unlike women are entitled to monthly compensation even after they remarry. It was contended that the law that a woman cannot claim monthly compensation in the event of her husband’s death in road accident if she re-marries cannot be applied to males.

Suvindra Kumar Singh, a DMRC official and city resident, sought wholesome and monthly compensation for death of his wife and injuries caused to him in a road accident on October 12, 2006 at Jammu when his bike was hit by a tempo.

The court which awarded a sum of Rs5.48 lakh as compensation besides Rs2,000 monthly allowance deducted Rs1.98 lakh, 40% of the total amount, after holding the victims guilty of contributory negligence as three persons were riding the bike.

The court asked the New India Assurance Company to pay the amount while holding it and owners of the offending vehicle jointly liable.

The petitioner has pleaded that his wife Sangeeta Singh, 27, was working with a Baroda-based software company Alpha Systems as senior sales engineer and was earning Rs10,000 per month.

He had also claimed that besides the loss of love and affection, he had suffered financially as she used to contribute in household expenses.

The court said that the couple, who had gone to the Vaishno Devi Shrine in Jammu, was also guilty of contributory negligence as three persons were travelling on the motorcycle, which is illegal.
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