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Report No. 111

12.3. Specific provision not needed.-

We have considered the question whether it is necessary to introduce, in the Fatal Accidents Act, a provision that no succession certificate shall be required for a claim under the Act. However, we think that this is obvious, and the objection raised by the Kerala State Road Transport Corporation in the case cited above, if we may say so,1 betrays a total misconception of the law. It is inconceivable that such an objection could be made by any Corporation (public or private) which is properly advised. We do not, therefore, propose any clarification provision on the above points, at least for the present.

1. Para. 12.2, supra.

The Fatal Accidents Act, 1855 Back

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