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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.HARI HARANADHA SARMA
K.Parvathi, W/O. Late Annaiah Naidu – Appellant
Versus
K Jyothi Bhuvaneswari W/O. K.Annaiah Naidu – Respondent
JUDGMENT :
A. Hari Haranadha Sarma, J.
Introductory:
The 3rd respondent in M.V.O.P. No. 358 of 2005 on the file of the IX Additional District Judge-cum-Motor Accidents Claims Tribunal (FTC), Chittoor (for short “the learned MACT”), filed the present appeal. Her status as wife of one K. Annaiah Naidu (deceased) is in dispute.
2. The 1st and 2nd respondents herein are the claimants. The 3rd respondent herein is the owner of the tempo mini Lorry bearing No.AP 03 V 4167 [hereinafter referred as ‘the offending vehicle’] and the 4th respondent herein is the Insurance Company with which the offending vehicle was insured.
3. Claim was made by the 1st and 2nd respondents herein for awarding a compensation of Rs.4,00,000/- for the death of one K. Annaiah Naidu [hereinafter referred as ‘the deceased’] in motor vehicle accident, contending that the 1st respondent is the wife, the 2 respondent is the father of the deceased, and disputing the status of appellant that she is not the wife of the deceased.
4. Learned MACT awarded a compensation of Rs.2,60,000/- in total with interest 7.5%p.a., out of which, apportioned the amount of Rs.90,000/- each to the appellant and the 1st respondent herein, being w
The Motor Vehicles Act requires consideration of all dependents in compensation claims following a vehicular death, affirming broader interpretative criteria for determining legal representatives.
Insurance policy terms must be honored despite circumstances, and re-marriage of a widow does not negate her right to compensation, providing clarity on dependency and insurance liability.
A widow retains the right to claim compensation for her husband's death under the Motor Vehicles Act, even after remarriage, acknowledging her status as a legal heir.
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