Smt. Manjuri Bera Vs. The Oriental Insurance Company Ltd.
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Head Note
Motor Vehicles Act,1988 - Section 140 , Section 166 , The Code of Civil Procedure, 1908 - Section 2 (10)
Fatal Motor Accident - Deceased left behind no legal representative except a married daughter - Married daughter entitled to compensation under Section 140 though she was not dependent on deceased father - Held -(1) 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. AIR 1987 Supreme Court 1690 relied.(2) Even if there is no loss of dependency the claimant if is a legal representative will be entitled to compensation, the quantum of which shall be not less than the liability flowing from Section 140.
The Code of Civil Procedure, 1908 - Section 2 (11)
Legal representative and Legal heir - Under Section 2(11) C.P.C. definition contained in Section 2(11) CPC is inclusive in character and its scope is wide, it is not confined to legal heirs only - Instead it stipulates that a person who may or may not be legal heir competent to inherit the property of the deceased can represent the estate of the deceased person - It includes heirs as well as persons who represent the estate even without title either as executors or administrators in possession of the estate of the deceased - Further held - 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. AIR 1987 Supreme Court 1690 relied.
Topic(s)-Legal representative and Legal heir , Fatal Motor Accident
Important Decision(s)- A legal representative is one who suffers on account of death of a person.