JUDGMENT :

S.M. MODAK, J.

1. The issue involved in this appeal is about entitlement of widow to the compensation who got remarried during the pendency of the petition before the Motor Accident Claims Tribunal (hereinafter referred to as the “Tribunal” for the sake of brevity). What is the effect of a marriage of widow on her right to claim compensation on account of death of her husband in a vehicular accident? Whether due to marriage, her right vanishes? Further, issue is whether an earning wife can be said to be dependent of her husband?

2. The Tribunal at Buldhana has not rejected her claim on account of remarriage, but while apportioning the amount, has allotted less share to her. The Insurance Company is aggrieved by the said decision dated 17/06/2017 and they had come in appeal. Their main two contentions are:

(i) the widow was working since beginning and she was earning separately and as such she is not depending on the income of her deceased husband.

(ii) she lost her right to compensation on account of remarriage during pendency of the petition.

The Tribunal rejected both th