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Synopsis

In a recent ruling, the Madras High Court extended assistance to two women who sought compensation for the unfortunate demise of their husbands in Nigeria while traveling in a car belonging to their employer company.

The bench of Justice B Pugalendhi noted that the court could not issue any positive direction due to Nigeria's exclusion from the compendium issued by the Ministry of Overseas Indian Affairs for seeking relief on behalf of Indian nationals who passed away abroad.

Despite this constraint, the bench acknowledged the compelling circumstances surrounding the petitioners, who are young widows with limited means to pursue legal actions in Nigeria.

Consequently, the court directed the Central Government and the respective Indian embassies to engage with the company employing the deceased husbands, in line with the compensation regulations prevalent in Nigeria.

Court's decision stemmed from the recognition of the petitioners' 11-year struggle to secure the compensation rightfully owed to them by the Private Company in Nigeria. The court found that the Ministry of Home Affairs in India and Indian Embassy officials in Abuja, Nigeria had already forwarded the petitioners' representations for necessary action.

In light of these circumstances, the court concluded, "However, 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 in Nigeria, 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."

The unfortunate incident leading to this legal recourse involved the husbands of both petitioners who lost their lives in an accident while traveling in the company vehicle in Nigeria in 2013. The petitioners had initially sought assistance in arranging the insurance amount and had subsequently made representations to concerned authorities. Their quest for relief led them to approach the court, seeking directions to the Ministry of Home Affairs and the Ministry of Overseas Indian Affairs (Emigration Division).

Case Title: Jemima Arumaithai and Another v The Secretary to Government and Others