The Madras High Court in the case Jemima Arumaithai and Another v The Secretary to Government and Others observed and has come to the aid of two Tamil women claiming compensation for the death of their husbands in Nigeria.
The bench headed by Justice B Pugalendhi in the case observed and has stated that the court was not in apposition to issue any positive direction as Nigeria was not included in the compendium issued by the Ministry of Overseas Indian Affairs for getting reliefs for Indian Nationals who died abroad.
The court while considering that the petitioners were young poor widows who could not pursue litigations in Nigeria. The court in the case observed and has directed the Centre and the respective embassies to pursue representation with the company where the husbands were employed as per the compensation rules in Nigeria.
The court while considering the facts and circumstances of the case stated 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, thus, the court dismissed the writ plea with the direction to the respondent 3 and respondent 5 to pursue the claim of the petitioners with the Company, which employed the husband of petitioners in order to pay adequate compensation as per the Rules in Nigeria, within the period of six months from the date of receipt of a copy of this order.
The court in the case observed that the husbands of both petitioners had died in an accident while they were travelling in the company car in Nigeria in 2013. Thus, it has been requested by the petitioners to arrange the insurance amount and also made representations in this regard and had approached the court seeking directions to the Ministry of Home Affairs and the Ministry of Overseas Indian Affairs, the Emigration Division. Therefore, the said court was informed that both ministries had acknowledged the applications and forwarded them to the company and the Indian Embassy in Abuja for necessary action.
The court noted that the only remedy available to the petitioner women was to pursue litigations against the company and that there was the responsibility upon the Ministries for taking appropriate action through the Embassies to redress their grievances.
Accordingly, the court disposed of the writ plea.
The counsel, Advocate Mr.C.Venkatesh Kumar appeared for the petitioner.
The counsel, Mr.K.Govindarajan, Deputy Solicitor General of India, Mr.G.V.Vairam Santhosh, Additional Government Pleader represented the respondent.
