Judgment echoes justice for families of overseas workers, awarding a substantial Rs 37 lakh compensation
In a groundbreaking decision highlighting the entitlements of families with members employed overseas, the Gujarat High Court has delivered a substantial judgment, granting compensation of Rs 37 lakh to the kin of a deceased individual who worked abroad. This significant ruling concludes a protracted legal battle spanning 27 years, conducted under the purview of the Motor Accident Claims laws.
Also Read:https://lawchakra.in/supreme-court-stays-meghalaya-high-court-order-death-compensation/
The case, which highlights the challenges faced by families of overseas workers, overturns the decision of the Motor Accidents Claims Tribunal in Himmatnagar. The tribunal had previously awarded a mere Rs 4 lakh, significantly undervaluing the deceased’s income from his employment in Kuwait.
In a significant observation, the High Court noted the inadequacy of the tribunal’s approach.
“The Tribunal failed to appreciate the fact that in compensation cases arising under the Motor Vehicles Act, rigorous proof is not required as in a criminal or civil suit,” _____the court stated.
This statement underscores the court’s stance on the need for a fair and equitable approach in determining compensation.
Also Read: https://lawchakra.in/supreme-court-upholds-medical-devices-as-drugs/
Justice Biren Vaishnav and Justice Nisha Thakore, presiding over the bench, emphasized the importance of fairness and reasonableness in such judgments. “Thus, the Courts are expected to view through a prism of fairness, reasonableness, and non-violation of the principle of equitability,” they remarked.
The justices also acknowledged the precarious situation families find themselves in following the untimely death of a family member. “We are conscious of the fact that upon the untimely death of the head of the family, heirs of the deceased are brought into a situation of uncertainty,” they added.
The bench further delved into the specifics of the deceased’s employment, noting the impermanent nature of his job and the potential for termination. However, they highlighted the significance of the end-of-service document provided by the claimants, which indicated that the deceased’s earnings were higher than what the tribunal had considered.
The court meticulously examined the documents, including the income certificate issued by the deceased’s employer in Kuwait, which was verified and approved as a correct copy by the Indian Embassy in Kuwait. “Thus, the same has been exhibited and admitted as evidence,” the bench observed, lending credibility to the document.
Also Read: https://lawchakra.in/large-hindu-temple-existed-before-gyanvapi-mosque-asi/
Calculating the annual income of the deceased at Rs 2.69 lakh as per Indian currency, the court arrived at a compensation figure of Rs 37 lakh, to be paid by the insurance company to the family. The case stemmed from a tragic incident in 1997, where the man, working in Kuwait as a daily wager, met with a fatal accident in a private transport vehicle while attending a wedding in Himmatnagar.
This judgment by the Gujarat High Court sets a precedent for similar cases involving overseas workers and underscores the need for a fair assessment of compensation in accident cases. It marks a significant step towards ensuring justice for families facing such tragic circumstances
