GLANIS Vs. LAZAR

JUDGEMENT

(1.) The question inter alia arising in this appeal is whether the entitlement of a widow for compensation consequent to the death of her husband in a road traffic accident, will diminish due to her remarriage during the pendency of the proceedings before the Motor Accidents Claims Tribunal under Section 166 of the Motor Vehicles Act, 1988.

(2.) The 1st appellant is the wife and 2 nd and 3rd appellants are the parents of late Anil Abraham. Anil Abraham, who was employed in Saudi Arabia and was earning Rs. 25,000/- per month, was on leave. On 08.01.2002, while he was riding a motorcycle through Ernakulam- Palarivattom road, a car driven by its owner, took a U-turn and knocked down Anil Abraham. Anil Abraham sustained serious injuries. Though treated for injuries, he succumbed to the injuries, on 21.01.2002. Thereupon, the appellants filed OP(MV) No.581/2002 in the Motor Accidents Claims Tribunal, Muvattupuzha seeking a compensation of Rs. 25,00,000/-.

(3.) The 1st respondent-owner of the car contested the OP. The 1st respondent stated that accident was solely due to the negligent driving of motorcycle by the deceased Anil Abraham. The compensation claimed is exorbitantly excessive. The vehicle was covered by an insurance policy of the 2nd respondent-insurer. Therefore, the 1 st respondent is not liable to pay any compensation.