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Lr'S Of Baljeet Singh vs . Zorawar Singh & Ors Page 1 Of 36 on 31 January, 2022

20.5 In the light of aforecited opinion expressed by Hon'ble High Court of Delhi in the case of Dincy Devassy(supra) as well as the opinion expressed by Hon'ble Supreme Court of India in the case of Renu Rani Shrivastav(supra), it can be safely concluded that the remarriage of petitioner No.3 Harpreet Kaur would have no bearing upon the quantum of her share in the awarded amount. Accordingly, the award amount is apportioned as under:

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Lrs Of Parveen vs . Rajesh & Ors. Page 1 Of35 on 27 October, 2022

11.9 Applying the ratio of above cited observations made by Hon'ble Apex Court in the cases of Indrawati and Anr. (Supra); Dincy Devassy (supra) and Renu Rani Shrivastav (supra), it can be safely concluded that even if one of the parents of the deceased/victim of the road traffic accident was having a source of income at the time of demise of the victim, then also, in advanced stage of their life both the parents of the deceased were likely to become financially as well as emotionally dependent upon the deceased, and therefore, the parents of the deceased are entitled to claim compensation as dependents upon the deceased under Motor Vehicles Act. Moreover, the widow of the deceased is also entitled to seek compensation for demise of her spouse in a road traffic accident despite having remarried during the pendency of a Motor Accident Claim Petition. 11.10 In the light of my foregoing discussion, both parents of the deceased, his wife Priyanka Kumari and his minor daughter Baby Khushi Kumari are entitled to compensation from this Tribunal in respect of demise of deceased Parveen Singh in a road traffic accident. Accordingly, it can be safely concluded that the deceased was survived by four legal heirs and in such circumstances the deceased was likely to save ¼ of his income for his personal and living expenses and to contribute rest of the ¾ of his income towards his household expenses.

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Prem Lata Singh And Ors (Lrs Of Ashish) vs Mohammed Yaseen And Ors on 4 April, 2024

29. The present case is well guided by the pronouncement of Hon'ble High Court of Delhi in Dincy Devassy case (Supra). There is no bar under M.V Act against a widow from claiming compensation on account of her re-marriage. After the death of her husband, the widow continues to represent his estate, irrespective of her re-marriage, because she inherits part of the estate of her deceased husband. Motor Vehicle Act is a socio-welfare Smt. Prem Lata Singh & Ors. Vs. Mohammed Yaseen & Ors. Page 21 of 31 MACP No. 362/19; FIR No. 131/19; PS. Adarsh Nagar DOD:04.04.2024 legislation and therefore, it is to be interpreted so as to fulfill its objective with which it was enacted. In the present case, mother of the deceased is the sole testifying witness for the purposes of proving the dependency upon the deceased for herself as well as other dependent claimant, who is father of the deceased. It is worth mentioning that although PW1/mother of the deceased claimed that since the petitioner no. 1 has remarried after the death of deceased, she shall not be entitled for compensation in the present case. The collective facts truly demonstrates the circumstances in which the widow of the deceased may have decided to remarry and the said fact shall not preclude her from inheriting the estate of her first husband, as she would have been entitled on the date of accident.

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Parninder Kaur And Ors vs Umesh on 15 April, 2024

31. The present case is well guided by the pronouncement of Hon'ble High Court of Delhi in Dincy Devassy case (Supra). There is no bar under M.V Act against a widow from claiming compensation on account of her re-marriage. After the death of her husband, the widow continues to represent his estate, irrespective of her re-marriage, because she inherits part of the estate of her deceased husband. Motor Vehicle Act is a socio-welfare legislation and therefore, it is to be interpreted so as to fulfill its objective with which it was enacted. In the present case, widow of the deceased is the sole testifying witness for the purposes of proving the dependency upon the deceased for herself as well as other dependent claimants, who is mother and minor daughter of deceased. It is worth mentioning that although Smt. Parninder Kaur & Ors. Vs. Umesh Kumar & Ors. Page 21 of 29 MACP No. 343/18; FIR No. 485/17; PS. Alipur DOD: 15.04.2024 PW1/widow of deceased has remarried after the death of deceased but still she shall be entitled for compensation in the present case. The collective facts truly demonstrates the circumstances in which the widow of the deceased may have decided to remarry and the said fact shall not preclude her from inheriting the estate of her first husband, as she would have been entitled on the date of accident.

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Kamlesh And Ors vs Surya Bhan Yadav on 18 November, 2023

28. The present case is well guided by the pronouncement of Hon'ble High Court of Delhi in Dincy Devassy case (Supra). There is no bar under M.V Act against a widow from claiming compensation on account of her re-marriage. After the death of her husband, the widow continues to represent his estate, irrespective of her re-marriage, because she inherits part of the estate of her deceased husband. Motor Vehicle Act is a socio-welfare legislation and therefore, it is to be interpreted so as to fulfill its objective with which it was enacted. In the present case, widow of the deceased is the sole testifying witness for the purposes of proving the dependency upon the deceased for herself as well as other dependent claimants, who are parents and minor son of the deceased. It is worth mentioning that PW1/widow of the deceased, has not concealed any material fact and has honestly conceded that her minor son was in custody of his paternal grand parents, subsequent to her remarriage. It is also relevant that she does not have any child from her second marriage. The collective facts truly demonstrates the circumstances in which the widow of the deceased may have decided to remarry and the said fact shall not preclude her from inheriting the estate of her first husband, as she would have been entitled on the date of accident.

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Amit vs Sunny Goel on 9 May, 2025

41. The present case is well guided by the pronouncement of Hon'ble High Court of Delhi in Dincy Devassy case (Supra). There is no bar under M.V Act against a widow from claiming compensation on account of her re-marriage. After the death of her husband, the widow continues to represent his estate, irrespective of her re-marriage, because she inherits part of the estate of her deceased husband. Motor Vehicle Act is a socio-welfare legislation and therefore, it is to be interpreted so as to fulfill its objective with which it was enacted. In the present case, widow of the deceased is the sole testifying witness for the purposes of proving the dependency upon the deceased for herself as well as other dependent claimants, who is mother and minor daughter of deceased. It is worth mentioning that although PW1/widow of deceased has remarried after the death of deceased but still she shall be entitled for compensation in the present case. The collective facts truly demonstrates the circumstances in which the widow of the deceased may have decided to remarry and the said fact shall not preclude her from inheriting the estate of her first husband, as she would have been entitled on the date of accident.

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Asha vs Sunny Goel on 9 May, 2025

41. The present case is well guided by the pronouncement of Hon'ble High Court of Delhi in Dincy Devassy case (Supra). There is no bar under M.V Act against a widow from claiming compensation on account of her re-marriage. After the death of her husband, the widow continues to represent his estate, irrespective of her re-marriage, because she inherits part of the estate of her deceased husband. Motor Vehicle Act is a socio-welfare legislation and therefore, it is to be interpreted so as to fulfill its objective with which it was enacted. In the present case, widow of the deceased is the sole testifying witness for the purposes of proving the dependency upon the deceased for herself as well as other dependent claimants, who is mother and minor daughter of deceased. It is worth mentioning that although PW1/widow of deceased has remarried after the death of deceased but still she shall be entitled for compensation in the present case. The collective facts truly demonstrates the circumstances in which the widow of the deceased may have decided to remarry and the said fact shall not preclude her from inheriting the estate of her first husband, as she would have been entitled on the date of accident.

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Nanda Devi And Ors vs Ashish Sahani And Anr on 30 April, 2026

the array of petitioners. It is mentioned in the said order that the factum of marriage of petitioner no.1 shall be taken into consideration at the time of disbursal of the award amount. 13.4 In the judgment passed by the Hon'ble High Court of Delhi in the matter of "Dincy Devassy Vs. United India Insurance Co. & Ors." MAC APP. 26/2019 decided on 12.12.2019, it was held that re-marriage of a widow has nothing to do with her right to and claim for compensation, for the loss which accrued to her on account of unnatural demise of her husband. It was held that her right to claim compensation crystallized upon her husband's life being tragically snatched away in the motor accident. Therefore, simply because she has now re-married, her claim does not abate or lessen. Thus, the petitioner no.1 cannot be denied of her right to claim compensation in the present matter.

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