Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Accident Claims Tribunal Legal representative |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | MOTOR VEHICLES ACT, 1988: s.166 — Legal representative - Appellant no.1 is a Catholic Society and its members are called ‘Brothers’ who on joining Society abandon all their worldly rights in favour of the Society which includes the insurance claim — One ‘Brother’ of the Society died in a motor accident — Claim petition by appellant no. 1-Society —Tribunal allowed the claim petition — On writ petition, High Court set aside order of Tribunal on the ground that claimants were not competent to claim compensation — Held: The Motor Vehicles Act does not define the term “legal representative’ but the Tribunal noted in its judgment that clause (C) of Rule 2 of the Mizoram Motor Accident Claims Tribunal Rules, 1988, defines the term ‘legal representative’ as having the same meaning as assigned to it in clause (11) of s.2, CPC — As per s.2, CPC, in case of death of a person in a motor vehicle accident, right is available to a legal representative of the deceased or the agent of the legal representative to lodge a claim for compensation under the provisions of the Act — Therefore, a person claiming to be a legal representative has the locus to maintain an application for compensation u/s.166 of the Act, either directly or through any agent, subject to result of a dispute raised by the other side on this issue — High Court erred in law in setting aside the judgment of the Tribunal by ignoring the fact that the respondent-Insurance Company had not pressed issue of maintainability before the Tribunal nor it had pleaded and led evidence in respect to the said issue — Whether or not appellant is legal representative of the deceased is an issue of fact which could not be decided by the High Court for the first time in a writ petition which could only be entertained under Article 227 of the Constitution for limited purpose — The order of the Tribunal is restored — Constitution of India, 1950 - Articles 226, 227 — Code of Civil Procedure, 1908 — s.2(11) — Mizoram Motor Accident Claims Tribunal Rules, 1988 - r.2(C) — Fatal Accidents Act, 1855 - s.1A. |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2014 INSC 55 |
Petitioner | Montford Brothers Of St. Gabriel & Anr. |
Respondent | United India Insurance & Anr. Etc. |
SCR | [2014] 1 S.C.R. 835 |
Judgement Date | 2014-01-28 |
Case Number | 3269-3270 |
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