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Report No. 85

9.8. Controversy as to meaning of "Legal representative" in Motor Vehicles Act.-

So much as regards the legislative precedents. As to the Motor Vehicles Act itself, the Act contains no definition of "legal representative", and there is a want of uniformity in the rules and in the judicial decisions as to the precise scope of the expression. For example-to take rules first-in some States1 the expression "legal representative" is defined as having the meaning assigned to it2 in clause (11) of section 2 of the Code of Civil Procedure, 1908. However, the Mysore High Court3 struck down such a rule on the ground that the power to make rules under section 111A is only to carry into effect the provisions of section 110A and rules cannot restrict the right given by section 110A to only some of the persons contemplated by that section.

1. Bihar, Assam, West Bengal, Tamil Nadu, U.P and Union Territory of Delhi.

2. See para. 9.4, supra.

3. M. Vasaalingaih v. T.P. Papanna, AIR 1972 Mys 63.

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

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