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Report No. 85

9.5. Meaning of "Legal representative".-

But there is some conflict as to the persons who can take proceedings as "legal representatives" under section 110A(1)(b) of the Motor Vehicles Act. Under section 110A(1)(b), an application for compensation arising out of an accident involving the death of a person caused by the use of a motor vehicle may be made by the "legal representatives" of the deceased. The expression "legal representative" is not, however, defined in the Act.1 The Code of Civil Procedure defines this term as meaning a person who, in law represents the estate of a deceased person and as including any person who intermeddles with the estate of the deceased and where a party sues or is used in a representative character, the person on whom the estate devolves on the death of the party so suing or sued.

1. Section 2(11), Code of Civil Procedure, 1908.

Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back

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