Mact case (husband is not considered as dependent of his wife)
jatin sharma
(Querist) 06 December 2013
This query is : Resolved
hi,husband file a petition against the respondents after the death of his wife in road accident.
at the time of argument i imposed the objection that the husband in govt job and earning 26 thousand per month. "he not be considered as dependent on his wife".
the learned judge agreed with my point but he want citation on this point.
so please anyone send me the citation or precedent on that point.
thanks
Sudhir Kumar, Advocate
(Expert) 06 December 2013
Husband and wife are always dependent on each other.
on this anology the husband should also not get pension of retired/dead wife if he is earning.
Dr J C Vashista
(Expert) 07 December 2013
Search google/indiankannon and/or sit down in Bar liberary.
P. Venu
(Expert) 07 December 2013
It goes against the basic concept of law to propound that husband is not a dependent of wife. Dependence is not merely material; it has deeper and subtle connotations.
prabhakar singh
(Expert) 07 December 2013
Unfortunately I disagree with view of querist even when he seems to have convinced the P.O.
Section 166(1)(c) of the Motor Vehicles Act permits a legal representative of a deceased to file a claim petition, seeking compensation.
The word 'legal representative' is not defined in the Motor Vehicles Act .Section 2(11) of the Civil Procedure Code, wherein, the word legal representative is defined.
Please see(Gujarat State Road Transport Corporation, Ahmedabad Vs. Ramanbhai Prabhatbhai and another reported in 1987 (3) SCC 234. )
So not only heirs(but even other L.Rs)can file petition.
Not only husband is liable to maintain wife but wife is also liable to maintain husband.
The question here would be if deceased wife
was an employed lady and there was a loss of earning due to her accidental death?
Or she was simply house hold lady with no earning?
If she was employed and a loss of earning has occurred then even an employed husband is entitled to compensation ON THE BASIS OF CALCULATION OF LOSS OF EARNINGS.
In case wife was only household as no loss of earning has occurred compensation under s.140 of M.V Act would be payable.
R.K Nanda
(Expert) 07 December 2013
no more to add.
Rajendra K Goyal
(Expert) 07 December 2013
Well explained and advised by the experts, citation not provided at this site. In case of need search Indiankanoon.com.
Raj Kumar Makkad
(Expert) 09 December 2013
I also do endorse the wise advice of Mr. Singh. Judgments can be got searched on indiakanoon site.
