In a landmark judgment, the Motor Accident Claims Tribunal (MACT), Panchkula, held that compensation cannot be denied to a widow upon her remarriage, though the fact of remarriage can be taken into consideration while determining the extent of compensation. The tribunal further held that even major married and earning children of the deceased, being legal representatives, are entitled to maintain a claim petition irrespective of their dependency on the deceased.
The tribunal passed the ruling while awarding ₹24.65 lakh compensation to the family of the 28-year-old DJ operator Mohit of Pinjore, who died in a road accident in January 2024.
The compensation has been awarded to his 24-year-old wife Gulshan Bano, parents and his brother and sister aged 37 and 40 years, respectively.
Amrit Lal, a resident of Mainpuri district in Uttar Pradesh, was driving the offending truck, while Rajasthan-based Uttam Strips Limited (USL) owned the vehicle. The truck was insured with United India Insurance Company Limited (UIICL).
According to the claim petition, on January 25, 2024, Mohit and his wife were travelling from Surajpur to Kalka on a motorcycle. When they reached the Surajpur turn, Mohit stopped the motorcycle to turn toward Kalka. Meanwhile, a truck bearing a Rajasthan registration number allegedly came from the Kalka side at high speed and in a rash and negligent manner.
The truck driver allegedly turned the vehicle sharply toward the right, crossed the highway divider, and entered the Surajpur road, hitting the motorcycle from the left side. Both riders sustained injuries and were taken to the general hospital, Sector 6, Panchkula, where Mohit was declared brought dead, while Gulshan Bano suffered injuries.
{{/usCountry}}The truck driver allegedly turned the vehicle sharply toward the right, crossed the highway divider, and entered the Surajpur road, hitting the motorcycle from the left side. Both riders sustained injuries and were taken to the general hospital, Sector 6, Panchkula, where Mohit was declared brought dead, while Gulshan Bano suffered injuries.
{{/usCountry}}An FIR under Sections 279, 304-A and 427 of the IPC at Pinjore Police Station against the truck driver.
During the proceedings, the truck driver and owner failed to appear before the tribunal and were proceeded against ex parte. The insurance company contested the claim, alleging that no such accident took place and that the truck had been falsely implicated.
The insurer also argued that Gulshan Bano had remarried in October 2025 and therefore was not entitled to compensation. It further contended that the deceased’s married brother and sister were also not entitled to compensation.
During her deposition, Gulshan Bano stated that she had remarried and was residing at her new matrimonial home. Since she did not possess a marriage certificate relating to her marriage with Mohit, she produced a September 2022 order of the Punjab and Haryana high court passed in a protection petition filed by the couple after marrying against the wishes of their families.
In its May 20 order, the tribunal directed all respondents to jointly and severally pay the compensation amount along with interest at 7.5% per annum from the date of filing the petition until realisation.
As per the award, the wife and mother of the deceased will each receive 25% compensation each, the father will get 20%, while both the siblings will receive 15% compensation each.