Remarriage of a widow does not extinguish her right to claim compensation for the death of her first husband in a motor accident. Legislative changes, including the deletion of Section 24 of the Hindu Succession Act, reinforce the principle that remarriage cannot be treated as a ground of total disqualification. While remarriage may be relevant to the quantum under specific heads, entitlement to compensation subsists and must be assessed on a just and reasonable basis.

advocatemmmohan

Motor Vehicles Act, 1988 – Compensation – Widow – Remarriage – Effect.
Remarriage of a widow does not disentitle her from claiming compensation for the death of her first husband in a motor accident; such remarriage may at best have a bearing on the quantum under specific heads such as loss of consortium, but not on entitlement itself.
(Para 2)

Hindu Succession Act, 1956 – Section 24 (deleted) – Legislative change – Relevance.
Deletion of Section 24 of the Hindu Succession Act reflects a legislative shift against disinheritance of widows on remarriage; remarriage cannot be treated as a ground for total denial of monetary claims arising from the death of the first husband.
(Para 2)

Compensation – Assessment – Widow remarried to deceased’s brother.
Where a widow remarries the brother of the deceased and continues within the same family set-up, compensation for the death of the first husband cannot be denied, though it may be reasonably moderated.
(Para 2)

Motor Accident Claims – Loss of consortium – Quantum.
On remarriage of the widow, compensation under the head of loss of consortium may be scaled down, but the claim as a whole does not stand extinguished.
(Para 2)

Motor Accident Claims – Beneficiaries – Limitation of award.
Where compensation is assessed with reference to the widow’s loss arising from the death of her first husband, the award is to be confined to the widow alone, and claims of other co-claimants joining by virtue of subsequent relationships are liable to be rejected.
(Para 2)

Insurance – Transfer of vehicle – Deemed transfer – Insurer’s liability.
Failure to intimate transfer of vehicle does not absolve the insurer of liability, there being a deemed transfer under Section 158 of the Motor Vehicles Act.
(Para 1)

Result – Appeal by insurer allowed – Appeal by claimants partly allowed – Compensation enhanced.
(Paras 1–3)

---

B. ANALYSIS OF FACTS

(No facts added beyond the record)

1. Accident and claim
   The deceased, aged about 25 years, died in a motor accident. Kiranjit Kaur, his widow, filed a claim petition.
   (Para 2)

2. Subsequent remarriage
   After the death of her husband, Kiranjit Kaur remarried the brother of the deceased. Children from the brother’s earlier marriage were also impleaded as co-claimants.
   (Para 2)

3. Tribunal award
   The Motor Accident Claims Tribunal granted compensation only under the head of “no-fault liability”.
   (Para 2)

4. Appeals

   • FAO No. 1311 of 1999 was filed by the insured/owner on the issue of insurer’s liability.

   • FAO No. 2926 of 1999 was filed by the claimants seeking enhancement of compensation.
     (Paras 1–2)

---

C. ANALYSIS OF LAW

(Strictly as reasoned by the High Court)

1. Effect of remarriage on entitlement

The Court expressly rejected the contention that remarriage of the widow should result in complete denial of compensation. It held that remarriage is a social reality and cannot be treated as civil death for purposes of accident compensation.
(Para 2)

2. Relevance of Section 24, Hindu Succession Act

The Court took judicial notice of the deletion of Section 24 of the Hindu Succession Act, observing that the law no longer supports disinheritance of widows on remarriage. This legislative change was relied upon as reflecting social and legal policy against penalising remarriage.
(Para 2)

3. Quantum and heads of compensation

While refusing to deny compensation altogether, the Court held that remarriage may justify moderation of compensation under particular heads such as loss of consortium and multiplier application. Without reopening all heads, the Court fixed a consolidated compensation of ₹3 lakhs for the death of the first husband.
(Para 2)

4. Restriction of beneficiaries

The Court confined the award exclusively to the widow (first claimant) and rejected the claims of other persons who had joined as co-claimants by virtue of subsequent family arrangements.
(Para 2)

5. Insurer’s liability

On the insurer’s appeal, the Court held that exoneration of the Insurance Company was erroneous since transfer of the vehicle is deemed under Section 158 of the Motor Vehicles Act.
(Para 1)

---

CONCLUSION / RATIO

Remarriage of a widow does not extinguish her right to claim compensation for the death of her first husband in a motor accident. Legislative changes, including the deletion of Section 24 of the Hindu Succession Act, reinforce the principle that remarriage cannot be treated as a ground of total disqualification. While remarriage may be relevant to the quantum under specific heads, entitlement to compensation subsists and must be assessed on a just and reasonable basis.