Sreedhar Rao, J.

One Rajji Mathews, was an inmate of the Maruthi car. The lorry belonging to the fourth respondent hit against the car resulting in the death of Rajji Mathews. The deceased was aged about 33 years. It is said that the deceased was managing director of a company dealing in real estate development. The wife and the parents of the deceased had filed claim petition seeking compensation.

2. The Tribunal has awarded the compensation to the petitioners and directed the insurer to pay the compensation. The insurer is in appeal. It is the contention of the insurer that the wife of the deceased is remarried and she is not entitled to claim compensation for loss of dependency. The widow after remarriage would be only entitled a global compensation. The decision of this Court in the case of Smt Manorama Alias Monica Vs V. Mohammad And Others, ILR 2006 Kar 3929 is relied on.

3. The concept of dependency while awarding compensation is a notional concept. The fact of actual dependency need not be proved in law if one is legally a dependant. It cannot be legally assumed that the remarriage always benefits to the financially and that the loss of dependency would get full