The Rajasthan High Court has held that if wife of a deceased remarries, the same doesn't disentitle her from claiming compensation for death of her husband under Employees' Compensation Act, 1923.

Thes single-judge bench of Justice Rameshwar Vyas in this view dismissed appeal has been filed by the Insurance Company seeking cancellation of compensation awarded to dependents of the deceased who passed away in a fatal accident at workpplace for which the Industry, its Supervisor, Managing Director and Insurance Company were made liable jointly and severely. 

Brief Facts of the Case

The deceased was an employee in Pratibha Industries Ltd. He died on 18.6.2008, during the course of his employment, while he was doing work of removing soil from the pipeline in the ditch. The masala mixture machine fell upon him as a result of which he collapsed.

The incident was reported to the police and FIR under Section 302 and 287 IPC was registered. All the employees working under Pratibha Industries Ltd. were insured under the Workmen’s Compensation Act, 1923. After trial, the learned trial court decreed the suit.

Learned Counsel for the appellants submitted that the insurance company issued policy in the category of workmen compensation for 30 employees drawing salary less than Rs.4,000/-. Since deceased was employee of Pratibha Industries Ltd., the dependents of deceased had remedy to file claim petition under the Employees' Compensation Act, 1923. Insurance Company is liable only under the provisions of the Act of 1923.

He also submitted that wife of the deceased has re-married, so she is not entitled to get the compensation.

High Court's Observation

At the outset, commenting on not filing claim under the Act of 1923, the Court clarified that though the claimants had remedy under the Act of 1923 also, however, there is no bar to file suit for compensation under the provisions of Fatal Accident Act, 1855.

"The provisions of Fatal Accident Act, 1855 applies against all wrong doers including the employer. The scope of the provisions of Fatal Accident Act, 1855 is wider than the scope of Act of 1923. Civil Courts are competent to entertain any civil dispute unless it is barred by any law. There is no bar under any provisions of law to claim compensation under the Fatal Accident Act by employee against his employer."

The contention was thus rejected as prima facie untenable.

The second contention with regard to remarrying of the deceased’s wife also didn't sit with the Court as it observed that the same does not disentitle her from claiming compensation for death of her husband.

"The amount of compensation awarded by the learned trial court looking to the young age of the deceased and number of claimants cannot be said to be unreasonable. There is no merit in this appeal."

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