Authority: High Court of Gujarat at Ahmedabad
Order Date: 27/10/2026
Case Overview
- Parties: United India Insurance Company Limited (appellant) vs. Ganpatbhai Mathurbhai Patel & Ors. (respondents), with original claimant Kamlaben (widow of deceased).
- The appeal under Section 173 of the Motor Vehicles Act, 1988 challenged the Judgment and Award dated 29‑09‑2017 of the Motor Accident Claims Tribunal (Main), Panchmahals, Godhra (MAC Petition No. 708 of 2011).
- Factual background: On 04‑02‑2009, deceased Kamleshbhai Hirabhai Pateliya died in a motorcycle‑truck collision (truck Reg. No. GJ‑06‑U‑4797). His widow Kamlaben filed a claim for compensation. The insurer contended that she remarried immediately after the accident, arguing loss of dependency.
- Legal submissions: Counsel relied on Anju Mukhi v. Satish K. Bhatia (1998 ACJ 400) and argued the award should be quashed. The Court referenced Delhi High Court judgment in Dincy Devassy v. United India Insurance Co. & Ors. (MAC.APP. No. 26 of 2019) and Telangana High Court judgment in M.A.C.M.A. No. 2946 of 2009, holding remarriage is not a ground to deny compensation.
Final Outcome
- The Court held the appeal devoid of merit, dismissed it, and confirmed the MAC Tribunal’s Judgment and Award. The record and proceedings, if any, are to be sent to the concerned Tribunal.
Topics: Motor Accident Compensation, Insurance Law