1) A divorced wife or a widow can also maintain a
petition under Section 166 of the Motor Vehicles Act, is a
proposition now beyond doubt. Even if a remarried widow is
not a dependent of the deceased, absence of dependency
will not dis-entitle the widow to become a legal
representative. In the judgment in Manjuri Bera v. Oriental
Insurance Co. Ltd. [2007 ACJ 1279], the Apex Court held
that compensation constitutes part of the estate of the
deceased. As a result, the legal representative of the
deceased would inherit the estate. Going by the said
judgment, even employed sons and married daughters can
maintain an application under Section 166 of the Act. The
principle underlying the exposition would equally apply to a
remarried widow.
2) In Gujarat SRTC v. Ramanbhai Prabhatbhai
[(1987) 3 SCC 234], the Apex Court held that a legal
representative is one who suffers on account of death of a
person due to a motor vehicle accident and need not
necessarily be a wife, husband, parent and child. Widow of
a deceased victim, even after remarriage, continues to be
the legal representative of her husband. The right of
succession accrues immediately on the death of the
husband and in the absence of any provision, she cannot be
divested from the property vested in her due to remarriage.
The right of the widow is a statutory right and the remarriage
does not affect that right.{Para 18}
3) It is to be noted that the 1st appellant would not
have thought of a remarriage, but for the untimely death of
her husband. It was not a remarriage on account of divorce.
The Court has to consider the psychological hurdles that the
widow will face on account of remarriage. The society is
changing. The age old concept of a remarried widow cutting
off all relations with the family of her ex-husband, is
becoming a story of the past. Fact remains that the 1st
respondent was dependent on the deceased and would
have remained so, but for the demise of her husband
consequent to the accident. The death has indeed resulted
in loss of dependency. After the death of husband, a widow
may go for employment and become self-dependent or may
opt for remarriage. Either way, the loss of dependency
consequent to the death of the husband does not cease
merely because she has remarried or became self-reliant.
The word dependency and legal representative, therefore,
should receive a pragmatic interpretation. While computing
compensation for dependency of a widow on the death of
her husband under Section 166 of the Motor Vehicles Act,
1988, her remarriage shall not be a decisive factor.{Para 22}
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
MR.JUSTICE N.NAGARESH
MACA.No.1936 OF 2008
GLANIS,W/O.LATE ANIL ABRAHAM, Vs LAZAR MANJILA,S/O. JOY MANJILA,
Dated this the 30th day of June, 2020
