Motor Accident Compensation--Widow's Remarriage--Right to Claim Compensation Under Section 166 of the Motor Vehicles Act Not Extinguished by Subsequent Remarriage
Remarriage of a widow during the pendency of a motor accident claim does not extinguish her right to compensation under Section 166 of the Motor Vehicles Act. The statute permits all legal representatives of the deceased to claim compensation and contains no provision for dismissal of a claim merely on the ground of remarriage. The pecuniary and mental loss suffered on account of the death of a husband cannot be treated as compensated by a subsequent marriage. Compensation may, however, be calibrated to reflect the fact of remarriage, particularly with respect to the period of dependency.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech