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Report No. 111

5.8. Suit in the name of the executor, administrator or representative.-

This disposes of one point concerning the second part of section 1A, second paragraph of the existing Act. That paragraph further provides that the suit shall be brought by, and in the name of, the executor, administrator or representative of the person deceased. The expression "representative" in this context means the wife, husband or parent or child,1 i.e. the person entitled at present to the benefits of the Act. It is well understood that the claim made by the representatives is essentially a claim on behalf of all the defendants.2

Further, even if one of the dependants does not put in a claim, that does not deprive the others of their right to compensation.3 The suit is for the benefit of all. The relief is given not to a class, but to individual.4

1. feet Kumari v. Chittagon E&E Supply Co., AIR 1947 Cal 195 (199), para. 17 (reviews cases).

2. N.I.T. Insurance v. Anuvrata, AIR 1966 Punj 288 (292) (FB).

3. (1970) 82 Punj LR 42 (45), noted in the Yearly Digest.

4. Concord of India Insurance Co. v. Subramaniam lyer, AIR 1963 Ker 209 (210), para. 4.



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