On account of remarriage of the widow, the Nagpur Tribunal has allotted less share to her. Aggrieved over the decision, the Insurance Company had come up with two main contentions in appeal.
Contention of Insurance Company
Deceased Narayan was driving motorcycle along with his wife Pushpa as pillion rider. The offending vehicle dashed the motorcycle from backside. Insurance Company has disputed the manner of accident, but finally it concluded that the truck driver was rash. There is no challenge to this finding.
whether separate earnings of widow has got any bearing on her right to claim compensation?
Whether remarriage of widow dis-entitles her from claiming compensation?
According to learned Advocate Smt. Naik for the Appellant - Separate Earning and Remarriage disqualifies the widow totally from claiming compensation and the part of Judgment needs to be set-aside.
Section 166 0f Motor Vehicles Act (MV Act) lays down the category of persons who can apply for the compensation. It categories the legal representatives in case of death. It is important to mention that in section 166 of MV Act nowhere uses the word "dependent". In sub-section 11 of section 2 of the Civil Procedure Code defines the word "legal representative". While arriving at quantum of compensation, the dependency does not come first, only the issue of legal representative comes first. That is why Hon'ble Supreme Court in case of Smt. Manjuri Bera -vs- The Oriental Insurance Company Ltd & Anr held that even married daughter residing with husband (though not dependent on the income of the father) being legal representative is entitled to Claim Compensation under section 140 (no faulty liability) of the Motor Vehicle Act.
In the case of Farzana & another -vs- Maharastra State Road Transport Corporation, reported in 2016 (4) Mh.L.J. 602 observed that The right to seek compensation cannot straight way lead to the conclusion that such claimant was dependent on the deceased. IT would be a matter of evidence to be led in the proceedings while determining the quantum of compensation.
As per the personal laws, a lady is entitled to maintenance from her the past husband until she remarries. The Remarriage of the Divorced Wife is one of the contingency which helps the husband to stop the maintenance. The logic behind this principle is sound. The responsibilities to maintain wife passes on to the second husband. The section 140, 163-A and 147 of Motor Vehicle Act mandates the owner to obtain insurance police to cover the risk caused to 3rd party prior to put the vehicle on road for use. The object is to protect the victim of the vehicular accident, so the rights and liabilities arising out of vehicular accident and not from personal law.
Separate earning of widow does not relieve the deceased husband from contributing towards the expenses and the remarriage will not divest the widow from her right to claim compensation.
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