WIDOW ENTITLED TO COMPENSATION EVEN AFTER REMARRIAGE

9th April 2021

The SC affirmed the Delhi HC's decision on widow's right to claim compensation under the Motor Accidents Claim Tribunal (MACT) for husband's death in a motor vehicle accident would not abate or remove on her remarriage. The SC dismissed SLP against the Delhi HC's decision by the widow's in-laws.

Counsel appearing for the in-laws/petitioners argued that a widow is not entitled to compensation after remarriage. The widow cannot be held as a dependent on the deceased after remarriage. The main purpose of compensation under MACT is for loss of income on the death of a person, but in this instant case, there was no loss of income, as the dependency has shifted to the new husband.

After hearing both the parties, the Apex Court held, "In the peculiar facts and circumstances of this case, we are not inclined to interfere in this matter. The Special Leave Petition is dismissed accordingly."

Author: Papiha Ghoshal

PC: Chai bisket