Look how a High Court does justice to a lady who lost her husband in an accident —Anil R Tikotekar

Background 

1. Mr X died in a road accident.
2. Late Mr. X was running a business and after accidental death, his father stepped in to continue the business with a view to support his daughter in law and her children.
3. Late MR. X’s widow filed a claim which reached the Delhi High Court.
4. The insurer argued that there is no loss of income as the business which was carried on by the late Mr. X is being looked after by his father [ father in law of the Applicant widow].  It was further argued that since there is no loss of income or dependency and hence there is no need to give compensation.
5. Delhi High Court took the view that
   1. Insurance company cannot escape its liability if the dependents of a deceased man are taken care of by his father.
   2. Father in law of the applicant widow stepped in to handle the business to maintain the widow and children. This is a temporary arrangement to meet the exigencies of the situation.
   3. Dependency was on the deceased person and not father in law.
   4. On the above grounds the Delhi High Court dismissed the appeal of the Insurance Company.

My view–

1. It is ironic that the concerned insurance company dragged the applicant upto a High Court level.
2. I shudder to think as to what would have been her plight, if the applicant widow  had no means or support to approach High Court.
3. It was more agonizing to know that the insurance company tried to avoid the liability on the weak ground that there is no loss dependency as the business continued as it is.  In fact insurance company knew that by continuing the business, the father in law was only discharging his duties / obligations to his daughter in law.

ARTikotekar–

From contractor plights to discharge vouchers, here’re the key court orders | Business Standard National