WIDOW'S CLAIM

New Zealand Herald, Volume LXXVIII, Issue 23997, 21 June 1941, Page 14

WIDOW'S CLAIM

AN UNUSUAL CASE

VALIDITY OF MARRIAGE

£IOOO COMPENSATION GIVEN A written judgment was issued yesterday by Mr. Justice O'Hegan, Judge of the Compensation Court, on the claim of Mrs. Gwendoline Maud Groom against Richardson and Company, Limited, shipowners, lor compensation for the death of her husband, I'Tank Robert Groom, while in the company's employ. It was disclosed at the hearing that when Mrs. Groom married her husband in April, 1939, .she had not heard of her lirst husband for 21 years arid Groom had not heard ot his fiist w -il'e for 19 years. Liability was admitted by the defendant. Mis Honor said the marriage certificate showed that the plaintiff was the widow of the deceased, and as she lived with him continuously lrom the date ol marriage she was entitled to ( l.uiu compensation a.s being totally dependent on his earnings. Proof that the plaintiff's lirst. husband or that the lirst wife of the deceased was living at il,e date of the accident, although it would not expose plamtili to a charge of bigamv, would certainly invalidate the second marriage, in which case the defendant company would he liable on Iv for funeral expenses. The possibility of a claim being made in the present case was very remote, but. even if it were otherwise, the Court could not amend the statement of claim to preclude any other person from alleging dependence nor could it impose conditions on the Public Trustee. As he made no order to the contrary, however, the amount must he paid to the Public I rustee pending the Court's further order. Ihe maximum compensation was payable, and lie allowed the plaintiff I" 1000 compensation, £25 (is .'id funeral expenses and £I 5 15s costs. Mr. Sullivan appeared for tho plaintiff and Mr. J. B. Elliot for the defendant.