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Head Note

Motor Vehicles Act,1988  - Section 160 , Section 140 , Section 168

Fatal Motor Accident - Can claim be filed by persons who were legal heirs but not dependent upon deceased - The liability under Section 140 of the Act does not cease because there is absence of dependency - The right to file a claim application has to be considered in the background of right to entitlement.

Motor Vehicles Act,1988  - Section 166 , Section 140 , Section 168

Fatal Motor Accident - Deceased was a Muslim leaving behind an issueless widow - Can brothers of deceased who were not dependent on deceased file application for compensation - Order of High Court awarding the claim to brothers - Issue not elaborately decided by High Court - Matter remitted to High Court to decide it fresh.

Motor Vehicles Act,1988  - Section 166 (1) , The Code of Civil Procedure, 1908  - Section 2 (11)

Legal representative - Death in Motor Accident - Claim filed Legal representative - A legal representative is one who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent and child.

Topic(s)-Fatal Motor Accident , Legal representative