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Married girl’s parents can be heirs

 Parents of a married daughter can be considered her legal heirs, the Bombay high court has said.

The HC was hearing a compensation claim application filed by an elderly Mumbai couple after their 19-year-old married daughter died in a road accident 13 years ago, Justice A P Bhangale asked the Motor Accidents Claims Tribunal (MACT) to rehear the case.

"Reading the provision as it is, any legal heir is entitled to claim compensation awardable under the Motor Vehicles Act," said Justice Bhangale. "Prima facie, it cannot be said that the parents of the victim, though she was married, were not her legal heirs, particularly when her husband was no more living." The judge said that the question needs full consideration and directed the MACT to hear the application and decide on it within six months.

On November 4, 2000, Sneha Vaikar (19) and her husband died in an accident. Their minor son suffered serious injuries. Her parents Subhayadra and Manohar Ghule filed a Rs 3 lakh compensation claim before the MACT. They said Vaikar was earning Rs 3,000 a month at the time of her death. But, the MACT dismissed the plea. It also said that the addresses given by the Ghules were different—one showed their residence in Mumbai whereas another was a Navi Mumbai address. The Ghules then filed an appeal before the HC.

The HC said the MACT couldn't take a hyper technical view of the matter. "The Motor Vehicle Act is a special statute with social welfare objectives. The jurisdiction of the MACT having regard to the terminologies used in the Act must be held to be wider than the civil court," said the judge, while ruling that the MACT had erred in refusing to entertain the Ghules' application.

 Article referred: http://timesofindia.indiatimes.com/city/mumbai/Married-girls-parents-can-be-heirs/articleshow/23997695.cms

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