Widow remarrying would not dis-entitle her for from claiming compensation under the MV Act

The above-mentioned reasoning was pronounced by the Bombay High Court in the matter of The New India Assurance Co. Ltd. vs. Smt. Sushama Mahendra Sonwane (FA. No. 28929 of 2014) on 20.12.2019.

Facts:
The Appeal was filed under Section 173 of the Motor Vehicles Act, 1988, by the Appellant against the impugned judgment and award dated 4th January, 2014 passed by the Motor Accident Claims Tribunal (MACT), Thane (Mumbai). The Tribunal vide its said award had allowed the application filed by the Respondent Nos. 1 and 2 (widow and son of the deceased) partly and had directed the Appellant to pay jointly and severally an amount of Rs.29,51,000/- to the Respondent Nos. 1 and 2 with interest @ 7% p.a. from the date of application till its realization.

Issue:
Apart from challenging the award it was contended by the Appellant that the Respondent no.1, widow of the said deceased has remarried within 1 year of the date of demise of the said deceased and thus could not have filed any application for compensation arising out of the death of the said deceased being, not dependent.

Ratio:
The Court observed that the status of the widow, a dependent, has to be considered on the date of death of the said deceased and not on the date of filing the claim for compensation. The Court relied upon the principle propounded by the Punjab & Haryana high Court in the matter of National Insurance Co. Ltd. Vs. Nidhi Goel & Ors. where it was held that there is no bar under the Motor Vehicles Act, 1988 against a widow from claiming compensation on account of her re-marriage. After the death of her husband, the widow continues to represent his estate irrespective of her remarriage because she inherits part of the estate of her deceased husband.
The Court further observed that merely because widow of the said deceased has remarried within one year from the date of death of the deceased or even within the shorter period, that would not make the widow dis-entitled to make claim for compensation on the ground that the said widow was not dependent on the date of filing claim application. Section 166 of the Motor Vehicles Act is a social legislation and the same must be interpreted to further its objective. Remarriage cannot be an impediment in claiming compensation nor can it be a ground to reduce the compensation to which the widow is otherwise entitled to.
The Court observed that the Tribunal has rightly considered the claim of the Respondent no.1 being widow of the said deceased in view of the death of her husband due to the said accident, along with the claim of the Respondent no.2 being also one of the legal heirs and representative of the said deceased.