JUDGEMENT
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(1.) THIS appeal is filed against the judgment of the High Court dtd. 13/12/1996.
(2.) BRIEFLY stated the facts are as follows: on 10/2/1985 an accident took place wherein one Avinash Mukhi aged about 30 years was killed. The
appellants i.e. the wife and minor child of the deceased filed a claim before
the Motor Accidents Claims Tribunal. Pending the matter before the Motor
Accidents Claims Tribunal, the first appellant remarried. The Motor
Accidents Claims Tribunal awarded a sum of Rs. 1,08,000.00 to both the
appellants negating the contention that on remarriage the first appellant was
not entitled to compensation. In the appeal before the High Court, the High
Court has enhanced the compensation to Rs. 1,50,000.00 but has held that the
first appellant would only be entitled to compensation till the date of
remarriage. On that basis the High Court awarded only Rs. 6000.0 to the first
appellant and the balance was awarded to the minor child.
In this appeal, we find that there is no challenge to the quantum of compensation save and except that it has been claimed that a wrong
multiplier has been applied. We do not see any substance in the challenge to
the multiplier applied. The multiplier of 15 which has been then applied,
cannot be said to be unreasonable.
(3.) THE only challenge is to the finding that on remarriage the widow loses the right to claim compensation. It is to be seen that the main purpose of the
Motor Vehicles Act is to award compensation for loss of income on the death
of a person. On remarriage there is no longer a loss of income. Now the
dependency has shifted on to the new husband. Therefore, we are in
agreement with the High Court that after remarriage a widow would not be
entitled to any compensation.;
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