Madras High Court: In a writ petition praying for directing the Union Government to award compensation due to the death of petitioners’ husbands in a road accident met at the Country of Nigeria in furtherance of the proceedings of the Ministry of Overseas Indian Affairs (Emigration Division) (‘MOIA’) and the High Commissioner, Embassy of Nigeria at New Delhi, B. Pugalendhi, J. has said that Nigeria is not in the list of the Compendium for getting reliefs for the Indian Nationals who died abroad, issued by MOIA. Therefore, the Court cannot issue any positive direction. However, it directed MOIA and the High Commissioner, Embassy of Nigeria 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 petitioners’ husbands have gone to Nigeria for employment in a Private Company and died in an accident on 03-06-2013 while they were travelling in a car. The petitioners have requested for arranging the insurance amount for this accident and have repeatedly made representations to the respondents.
In the proceedings dated 21-07-2014, the High Commission of Nigeria, New Delhi, India, has acknowledged the receipt of the petitioner’s application for compensation and further informed that the application was forwarded to the Company for necessary action. In the proceedings dated 28-07-2014, the MOIA has forwarded another petitioner’s application for compensation to the Indian Embassy at Abuja and further requested them to take necessary action. This writ petition was entertained by this Court by ordering notice to the respondents on 18-09-2014. Thereafter, the District Collectors, Tirunelveli and Erode have filed counter affidavits that the representations of the petitioners were forwarded to the Ministry of External Affairs and actions are being taken However, the writ petition is pending for the past 11 years, and the petitioners are not provided with any remedy till date.
The Court said that petitioners seek a mandamus as against the respondents in India. As, the petitioners’ husbands died in a car accident while they were working in a Private Company at Nigeria. The remedy for the petitioners is only as against the Private Company by filing necessary applications in Nigeria. However, these poor widows cannot pursue the litigations at Nigeria and therefore, there is a responsibility cast upon the Ministry of External Affairs and the Ministry of Overseas Indian Affairs to take appropriate action through the Embassy to redress the grievance of these petitioners.
Further, the Court noted that the MOIA 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, the Court said that it is not in a position to issue any positive direction in this writ petition.
However, considering 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 have also forwarded the petitioners’ representations for necessary action, the Court directed MOIA and the High Commissioner, Embassy of Nigeria 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.
[Jemima Arumaithai v Secretary to Government, 2023 SCC OnLine Mad 6513, Order dated 20-10-2023]
Advocates who appeared in this case :
For Petitioners: Advocate C.Venkatesh Kumar
For Respondents: Deputy Solicitor General of India K.Govindarajan, Additional Government Pleader G.V.Vairam Santhosh
