Legal Question in Family Law in India

Re: Who should get the claim after person's death in an accident?

An application for compensation can be made by a person who has sustained the injury; or by the owner of the property; or where death has resulted from the accident by all or any of the legal representative of the deceased; or by any agent duly authorized by the person injured or all or any of the legal representatives of the deceased, it should be made under the Act shall be made, at the option of the claimant either to the claims tribunal having jurisdiction over the area in which the accident occurred or to the claims tribunal with the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed; the application shall contain a separate statement to that effect immediately before the signature of the applicant.

Re: Who should get the claim after person's death in an accident?

The fact remains that the wife, since marriage,though not living together and intending a divorce, remains.the legal heir of your brother's assets. As such she can validly claim the compensation.

On the other hand, as you state, the brother being the sole bread earner in the family, and the fact that old parents and unmarried sisters were solely dependent on him, the family may file a claim opposing the wife. In such a case, the fa,ilu may have to establish evidence to that effect and also to the effect that the wife never lived with the husband, and was absolutely independent.