Motor Accident Claim
Mode of Citation- ILC-2016-SC-MAC-....
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Motor Accident Claim
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Motor Accident Claim
Mode of Citation- ILC-2016-SC-MAC-....
Judgement Subject Index/Important Decision/Topic

ILC-2007-SC-MAC-Mar-4

Smt. Manjuri Bera Vs. The Oriental Insurance Company Ltd.

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.







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