E-Paper
Mohali: Legal heir status prevails, wife of crash victim to get relief despite living separately
The tribunal noted that the wife, Mala, had left her two minor daughters with the deceased’s parents after his death and did not contest the proceedings. She was arrayed as a respondent in the claim petition filed by the victim’s mother, Anar Kali. During the hearing, it emerged that the children had since been brought up by their grandparents, and a custody dispute existed between the two sides.
In a 2024 fatal road accident case, the Motor Accident Claims Tribunal (MACT), Mohali, has awarded ₹45.27 lakh as compensation, granting a 10% share to the deceased’s wife even though she had been living separately after the death of her husband and was made a respondent in the case.
The tribunal noted that the wife, Mala, had left her two minor daughters with the deceased’s parents after his death and did not contest the proceedings. She was arrayed as a respondent in the claim petition filed by the victim’s mother, Anar Kali. During the hearing, it emerged that the children had since been brought up by their grandparents, and a custody dispute existed between the two sides.
Despite recording that the wife had left the children “with her in-laws” and did not participate in the case, the tribunal held that she remains a Class-I legal heir of the deceased and is entitled to compensation. On this basis, it granted her a 10% share in the award.
The case relates to the death of Vijay Kumar, 28, who died in a road accident on July 19, 2024. Vijay, who ran a tea stall and also worked as a food delivery rider, was returning home to Phase VI, Mohali, after completing a delivery when the accident occurred. As per the tribunal’s findings, Vijay had nearly completed a turn near the T-point of Amba-wali Park when another motorcycle, driven at a high speed, struck his vehicle. He sustained serious injuries and was declared brought dead at the Civil Hospital, Phase VI.
The tribunal held the driver of the offending motorcycle responsible for rash and negligent driving, relying on eyewitness testimony of the victim’s brother and documentary evidence, including the FIR and post-mortem report.
While computing compensation, the tribunal assessed Vijay’s annual income at ₹2.49 lakh based on income tax records and added 40% towards future prospects. After applying the multiplier and deductions, the total compensation was fixed at ₹45.27 lakh.
The tribunal prioritised the welfare of the two minor daughters aged 6 and 4, awarding them the largest share 35% each, while the parents of the deceased were granted 10% each. It also directed that the children’s shares be kept in fixed deposits until they attain majority, with interest to be used for their upbringing and education.
