Accident claim: Widow of deceased entitled to seek compensation for death of husband – This is a vested right in her that cannot be denied merely on ground of her remarriage during pendency of claim petition: Motor Vehicles Act, 1988, section 166

There is no restriction/bar prohibiting or disqualifying a
widow, who remarries during pendency of a claim petition, from getting
compensation for the death of her husband. In view of section 166,  a widow
becomes the legal representative, immediately on death of her husband in a
vehicular accident, and her right to seek compensation under the Motor Vehicles
Act accrues in her favour. There is no provision in the M. V. Act that in order
to get compensation, a widow is required to remain unmarried. In the absence of
any contrary provision, she cannot be divested from her statutory right to get
compensation to which she is lawfully entitled, only on ground of subsequent
remarriage. The option for remarriage being legally permissible, a widow should
be encouraged to remarry. Therefore, she should not be punished by depriving her
of the compensation for the death of her husband. A widow, if she can find a
suitable husband, even during pendency of her claim petition, cannot be expected
to wait to enter into remarriage till the disposal of the claim petition.
Therefore, there cannot be any impediment or restriction compelling a widow not
to remarry till disposal of her claim petition. Moreover, the right to get the
compensation had accrued to her much prior to her remarriage. The M.V Act does
not provide any provision by which such right can be taken away due to
subsequent remarriage and that too after filing claim petition! The loss, both
mental and financial, caused to her due to the death of her husband, cannot be
suitably compensated by the subsequent marriage.