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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Kumari Hansa, D/o Late Jainarayan Meena – Appellant
Versus
Kailash Chand Sharma, S/o Rameshwar Sharma – Respondent
| Table of Content |
|---|
| 1. the appeals arise from a common award. (Para 1 , 2) |
| 2. insurance company's arguments about policy breach. (Para 3 , 4 , 5) |
| 3. claimants argue for enhancement of compensation. (Para 14 , 15 , 16) |
| 4. legal entitlement of re-married widow for compensation. (Para 20 , 21 , 22) |
| 5. preceding judgments support denial of compensation based on re-marriage. (Para 27 , 28) |
| 6. compensation need division between dependents. (Para 30 , 31 , 32) |
| 7. calculation of enhanced compensation. (Para 34 , 43) |
ORDER :
ANOOP KUMAR DHAND, J.
1. All these appeals are arising out of the common impugned award dated 29.06.2018 passed by the Motor Accident Claims Tribunal (Special Court, Communal Riots), Jaipur (for short, ‘the Tribunal’). Hence, these appeals are heard together and are being decided by this common order, at the joint request of the counsel for the parties.
2. Two appeals i.e. S.B. Civil Misc. Appeal Nos. 4902/2018 & 4903/2018 have been preferred by the Insurance Company against the impugned award and other two appeals i.e. S.B. Civil Misc. Appeal Nos. 4804/2018 & 4843/2018 have been submitted by the claimants seeking enhancement of the compensation amount, awarded by the Tribunal.
In S.B
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.
Re-marriage of a widow does not negate her entitlement to compensation for loss due to her husband's death, as dependency includes emotional aspects beyond financial support.
Determination of compensation under the Motor Vehicles Act requires a balance between earnings lost and reasonable deductions for personal expenses, recognizing future stability for dependents.
The main legal point established in the judgment is that the deceased's contribution to both her matrimonial family and her parents' family warranted enhanced compensation, and the court applied the ....
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