ANJU MUKHI Vs. SATISH K. BHATIA

JUDGEMENT

(1.) THIS appeal is filed against the judgment of the High Court dtd. 13/12/1996.

(2.) BRIEFLY stated the facts are as follows: on 10/2/1985 an accident took place wherein one Avinash Mukhi aged about 30 years was killed. The appellants i.e. the wife and minor child of the deceased filed a claim before the Motor Accidents Claims Tribunal. Pending the matter before the Motor Accidents Claims Tribunal, the first appellant remarried. The Motor Accidents Claims Tribunal awarded a sum of Rs. 1,08,000.00 to both the appellants negating the contention that on remarriage the first appellant was not entitled to compensation. In the appeal before the High Court, the High Court has enhanced the compensation to Rs. 1,50,000.00 but has held that the first appellant would only be entitled to compensation till the date of remarriage. On that basis the High Court awarded only Rs. 6000.0 to the first appellant and the balance was awarded to the minor child.

(3.) THE only challenge is to the finding that on remarriage the widow loses the right to claim compensation. It is to be seen that the main purpose of the Motor Vehicles Act is to award compensation for loss of income on the death of a person. On remarriage there is no longer a loss of income. Now the dependency has shifted on to the new husband. Therefore, we are in agreement with the High Court that after remarriage a widow would not be entitled to any compensation.