No Proof He Divorced First Wife: MP HC Rejects Second Wife’s Claim, Awards ₹7.29 Lakh To First Wife And Dependents

Basant Kumar died on 10 February 2006 when, as a pillion rider on a motorcycle, he was struck by a truck allegedly driven rashly and negligently. His first wife, Smt. Kamini Gotekar, claimed compensation with her two minor children, his mother and brother; Smt. Santoshi Bai intervened, claiming to be his legally wedded wife and nominee in his service records.

The Tribunal dismissed the claims, finding that the claimants had not proved negligence. In connected appeals, the High Court considered both negligence and the competing claims to compensation.

The judgment does not identify a specific statutory provision or name any precedent.

It applies the principles for assessing motor-accident compensation by using the deceased’s established income, adding 40% for future prospects, deducting one-fourth for personal expenses where there are five dependants, and applying a multiplier of 17 for a deceased aged 26.

It also awards compensation under conventional heads, including loss of consortium, funeral expenses and loss of estate.

On marital status, the Court treated the first wife’s claim as established by the succession certificate and noted the absence of evidence that the deceased had divorced her before marrying the second claimant.

The Court accepted eyewitness Ashok Bhosle’s evidence that he saw the truck being driven rashly and negligently; his testimony remained intact in cross-examination. The FIR, lodged approximately 15 minutes after the incident and naming the truck, together with the investigation findings, supported the eyewitness account and established negligence.

On entitlement, the Court found that Kamini was the first wife and that there was no evidence of a divorce before the alleged second marriage. It therefore recognized Kamini’s claim, alongside the other claimants, and rejected Santoshi Bai’s claim.

Applying its stated compensation calculations to the deceased’s age and nominal monthly wage of Rs. 2,330, the Court assessed total compensation at Rs. 7,29,086.

The respondents were held jointly and severally liable, and the Insurance Company was directed to deposit the amount with the Tribunal within 60 days.

M.A. No. 2294 of 2009, filed by Santoshi Bai, was dismissed. The order was made operative upon payment of requisite court fees.