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ARCHANA PURI
Reliance General Insurance Co. Ltd. – Appellant
Versus
Rajni – Respondent
JUDGMENT
Archana Puri, J.
These are two appeals filed by the rival parties to assail the Award dated 22.01.2014 passed by learned Motor Accident Claims Tribunal, thereby, granting compensation, on account of death of Jogender, in a motor vehicular accident, which took place on 03.03.2010.
2. On appraisal of the evidence, brought on record, vide impugned Award, learned Tribunal reached the conclusion that accident was caused due to rash and negligent driving of school bus bearing registration No.HR-47A-3924, driven by Respondent-Manjeet, as a result whereof, Jogender, who was occupant of the ill-fated motorcycle bearing registration No.HR-43A-2840, had died.
3. So far as the fact of accident and the manner of the taking place of the same as well as the liability, so fastened upon driver, owner and insurer of the offending vehicle, is concerned, the same, as such, is not disputed.
4. However, FAO-2917-2014 has been filed by the Reliance General Insurance Company, only assailing the Award on the quantum of compensation as well as entitlement of Rajni, widow of deceased Jogender, to any compensation, on account of her re-marriage.
5. FAO-8330-2014 has been filed by the parents of the de
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.
Re-marriage does not extinguish a widow's right to compensation in fatal accidents; dependency includes emotional factors beyond financial support.
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.
The Motor Vehicles Act requires consideration of all dependents in compensation claims following a vehicular death, affirming broader interpretative criteria for determining legal representatives.
Compensation under the Motor Vehicles Act cannot be reduced due to benefits received from compassionate employment; all dependents are entitled to fair compensation for their loss.
Compensation for loss of dependency must not deduct pension or personal expenses; future prospects should be included, with the correct multiplier applied.
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