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Report No. 85

9.12. Third view.-

According to a third view,1 while the right to compensation is confined to those who are mentioned in section lA of the Fatal Accidents Act, the claim can be brought by the representatives. That expression is not limited to those entitled to the benefits of the Fatal Accidents Act. Thus, in a Madras case2, the married sister of the deceased (who had died a bachelor) was allowed to file a claim. It was held that an application can be put by a "legal representative", and that the Motor Vehicles Act is free of any reference to the Fatal Accidents Act. Apparently, on this reasoning, the grandfather and the father were held to be legal representatives for the purposes of the Motor Vehicles Act, though they also do not find a mention in the Fatal Accidents Act3.

1. Vanguard Insurance Co. v. Challu Hanumantha Rao, 1975 Accidents Claims Journal 182 (AP).

2. Mohammed Habilbulla v. K. Sethammal, AIR 1967 Mad 123 (124), paras. 3-4.

3. State of Orissa v. Kapil Biswas, 1976 Accidents Claims Journal 395 (Chi).

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

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