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HIRDESH
New India Assurance Co. Ltd. – Appellant
Versus
Kalabai – Respondent
ORDER
1. This miscellaneous appeal is filed by the New India Assurance Co. Ltd. under section 173(1) of the Motor Vehicles Act, 1988. This appeal is arisen out of the award dated 17.2.2021 passed by the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) Bagli, District- Dewas in Claim Case No.07/2018 on account of reduction of compensation.
2. The date of accident negligence and issue of liability is not disputed however, the finding recorded by the Tribunal is not in question. As per the finding of the Tribunal in the case of death of Suresh, the amount of compensation has been allowed accepting the earning of Rs.4,500/- per month with total amount of compensation is Rs.5,63,600/- with interest.
3. Learned counsel for the appellant being aggrieved by award filed this appeal on the ground that Tribunal grossly erred in holding both the applicants/respondents as dependency on the earnings of the deceased. Inspite of clear admission of respondent No.2 Geetabai after the death of Suresh his wife went to her father's house and got remarried. As such the only dependent could be Geetabai mother of the deceased, and therefore the deduction for personal expenses could n
A widow's right to claim compensation after remarriage is upheld, as dependency remains the crucial factor, and remarriage does not disqualify her entitlement under the Motor Vehicles Act.
A widow’s entitlement to compensation for loss of dependency is not negated by post-death remarriage or employment status; the focus remains on the loss due to the husband's death.
Legal representatives of a deceased are entitled to claim compensation regardless of dependency status, and proper deductions for personal expenses must be applied based on the number of dependants.
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.
Married siblings residing independently are generally not considered dependents for compensation claims unless evidence indicates otherwise.
The main legal point established is that employed dependents are entitled to claim compensation, and the calculation of future income should consider specific reasons and evidence available on record....
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