Search Results Page
Search Results
1 - 10 of 15 (0.09 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Gujarat State Road Transport ... vs Ramanbhai Prabhatbhai & Another on 11 May, 1987
As observed in Gujarat
SRTC v. Ramanbhai Prabhatbhai [(1987) 3 SCC 234 a legal
representative is one who suffers on account of death of a
person due to a motor vehicle accident and need not
necessarily be a wife, husband, parent and child." In
paragraph 15 of the said decision, while adverting to the
provisions of Section 140 of the Act, the Court observed
that even if there is no loss of dependency, the claimant, if
he was a legal representative, will be entitled to
compensation. In the concurring judgment of Justice S.H.
Kapadia, as His Lordship then was, it is observed that
there is distinction between "right to apply for
compensation" and "entitlement to compensation". The
compensation constitutes part of the estate of the
deceased. As a result, the legal representative of the
deceased would inherit the estate. Indeed, in that case, the
Court was dealing with the case of a married daughter of
the deceased and the efficacy of Section 140 of the Act.
The Fatal Accidents Act, 1855
Custodian Of Branches Of Banco ... vs Nalini Bai Naique on 28 April, 1989
As
observed by this Court in Custodian of Branches of
BANCO National Ultramarino v. Nalini Bai Naique [1989
Supp (2) SCC 275 the definition contained in Section 2(11)
CPC is inclusive in character and its scope is wide, it is not
confined to legal heirs only. Instead it stipulates that a
person who may or may not be legal heir competent to
inherit the property of the deceased can represent the
estate of the deceased person. It includes heirs as well as
persons who represent the estate even without title either
as executors or administrators in possession of the estate
Page 15 of 19
Uploaded by SATISH C. VEMULLA(HC00206) on Tue Jan 28 2025 Downloaded on : Tue Jan 28 21:45:18 IST 2025
NEUTRAL CITATION
C/FA/267/2020 ORDER DATED: 27/01/2025
undefined
of the deceased. All such persons would be covered by the
expression "legal representative".
The Arbitration And Conciliation Act, 1996
Section 2 in The Motor Vehicles Act, 1988 [Entire Act]
Montford Borthers Of St.Gabriel & Anr vs United India Insurance & Ors on 28 January, 2014
In Montford Brothers of
St. Gabriel and Anr. vs. United India Insurance and Anr.,
(2014) 3 SCC 394 this Court was considering the claim
petition of a charitable society for award of compensation
on account of the death of its member. The
appellantsociety therein was a registered charitable society
and was running various institutions as a constituent unit
of Catholic church. Its members, after joining the
appellantsociety, renounced the world and were known as
'brother'. In this case, a 'brother' died in a motor vehicle
accident. The claim petition filed by the appellantsociety
seeking compensation on account of the death of aforesaid
'brother' was rejected by the High Court on the ground of
its maintainability. This Court after examining various
provisions of the MV Act held that the appellantsociety was
the legal representative of the deceased 'brother'. While
allowing the claim petition it was observed as under: "17. A
perusal of the judgment and order of the Tribunal discloses
that although Issue 1 was not pressed and hence decided
in favour of the appellant claimants, while considering the
quantum of compensation for the claimants, the Tribunal
adopted a very cautious approach and framed a question
for itself as to what should be the criterion for assessing
Page 12 of 19
Uploaded by SATISH C. VEMULLA(HC00206) on Tue Jan 28 2025 Downloaded on : Tue Jan 28 21:45:18 IST 2025
NEUTRAL CITATION
C/FA/267/2020 ORDER DATED: 27/01/2025
undefined
compensation in such case where the deceased was a
Roman Catholic and joined the church services after
denouncing his family, and as such having no actual
dependents or earning- For answering this issue, the
Tribunal relied not only upon judgments of American and
English Courts but also upon Indian judgments for coming
to the conclusion that even a religious order or an
organisation may suffer considerable loss due to the death
of a voluntary worker.
Sudama Devi And Ors. vs Jogendra Choudhary And Ors. on 29 September, 1986
The Tribunal also went on to decide
who should be entitled for compensation as legal
representative of the deceased and for that purpose it
relied upon the Full Bench judgment of Patna High Court
in Sudama Devi v. Jogendra Choudhary, AIR 1987 Pat 239
which held that the term "legal representative" is wide
enough to include even "intermeddlers" with the estate of a
deceased. The Tribunal also referred to some Indian
judgments in which it was held that successors to the
trusteeship and trust property are legal representatives
within the meaning of Section 2(11) of the Code of Civil
Procedure."