Loss Of Dependency Sufficient To Maintain Claim Petition: Madras High Court Upholds Compensation For Second Wife
Case Title: Susila and others v. S Thirumalai and others
Citation: 2023 LiveLaw (Mad) 125
While upholding the compensation awarded to the second wife of a man who died in a road accident, the Madras High Court recently observed that for the purpose of claiming compensation under Section 166(1) of the Motor Vehicles Act, the establishment of loss of dependency was sufficient.
Justice R Vijayakumar pointed out that under the Act, the basis for entitlement of compensation was dependency. Thus, even a legal heir who was not dependent upon the deceased would not be entitled to receive compensation.
The court added that the Act was a benevolent legislation and thus it should be interpreted in a liberal manner to provide monetary relief to the victims and thus serve its real purpose
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