Madras HC Directs Ministries To Secure Compensation For Bereaved Widows Whose Husbands Died In Nigeria While Employed By Private Company
The Madras High Court, acknowledging the tragic circumstances of two young widows whose husbands died in a car accident in Nigeria while employed by a private company, recognized the legal entitlement of the petitioners to compensation. Despite jurisdictional limitations, the Court directed the Ministry of External Affairs and the Ministry of Overseas Indian Affairs to pursue the compensation claim with the company in Nigeria. The petitioners filed a writ petition seeking compensation and mandamus directing the concerned authorities to facilitate the process.
A Bench of Justice B. Pugalendhi held, “considering the fact that the petitioners have lost their husbands at a very young age and are fighting for the compensation, which they are legally entitled to from the Private Company at Nigeria, for the past 11 years and that the respondents 1 to 5 have also forwarded the petitioners' representations for necessary action, this writ petition is disposed of with a direction to the respondents 3 & 5 to pursue the claim of the petitioners with the Company, which employed the petitioners' husbands, to pay adequate compensation as per the Rules in Nigeria, within a period of six months from the date of receipt of a copy of this order.”
Advocate C. Venkatesh Kumar appeared for the Petitioners and Advocate K. Govindarajan appeared for the Respondents.
The High Commission of Nigeria and the Ministry of Overseas Indian Affairs had acknowledged the petitioners' applications for compensation but no action was taken. The District Collectors forwarded the representations to the Ministry of External Affairs, stating that actions were being taken, but no remedy was provided for the past 11 years.
The Court acknowledged the plight of the petitioners but noted that the remedy lay with the private company in Nigeria. The Court said, “the Ministry of Overseas Indian Affairs has issued a Compendium by entering into an agreement with certain countries for getting reliefs for the Indian Nationals who died abroad and certain procedures for filing compensation claims were also published. However, Nigeria is not in the list of the Compendium issued by the Ministry. Therefore, this Court is not in a position to issue any positive direction in this writ petition.”
However, due to the petitioners' inability to pursue litigation in Nigeria, the Court directed the Ministry of External Affairs and the Ministry of Overseas Indian Affairs to pursue the claim with the company.
The Court disposed of the writ petition, instructing the authorities to ensure the company pays adequate compensation to the petitioners within six months from the date of the order, with no costs imposed.
Cause Title: Jemima Arumaithai & Anr. v. The Secretary to Government & Ors.
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