accidental claim

basheer khan (Querist) 17 December 2008 This query is : Resolved
respected sir
i filed a motor vehicle original petition before the court againist the vehicle owner and insurance company including the wife of the deceased as the respondents. in this case, prior to the accident, the wife of the deceased got "Khula divorce" from her husband as per the muslim customs. my question is whether a divorced wife can claim the compensation from the court under the provisions of motor vehicle act

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Ladhu Ram Chowdhary (Expert) 17 December 2008
No,sir
divorced wife can not claim the compensation from the court under the provisions of motor vehicle act

Adv.Shine Thomas (Expert) 18 December 2008
No.

basheer khan (Querist) 18 December 2008
respected sir
please provide me any deceisions in this regard to produce before the honourable court.

G. ARAVINTHAN (Expert) 18 December 2008
Divorced Wife have no right to claim.

mahendra rai jain (Expert) 18 December 2008
no

Tribhuwan Pandey (Expert) 18 December 2008
claim to compensation under MV Act denotes the dependency of the dependents. When wife got divorce her dependency on her divorced husband comes to an end, hence she is not entitled to get any compensation from her divorced husband on account of death of husband.

J K Agrawal (Expert) 18 December 2008
I can dare to say that even married wife or any body else has no right under M V Act in case he/she is not 'actually dependent' upon earnings of deceased. she is entitle to award amount up to Mehar Amount only (if not arlredy taken) plus a amount in ratio of her inheritance as marriage among muslims is a contract only.

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