GUJARAT STATE ROAD TRANSPORT CORPORATION, AHMEDABAD. versus RAMANBHAI PRABHATBHAI & ANOTHER

GUJARAT STATE ROAD TRANSPORT CORPORATION, AHMEDABAD. versus RAMANBHAI PRABHATBHAI & ANOTHER

The brother of a person who dies in a motor vehicle accident is entitled to maintain a petition under Section 110A of the Motor Vehicles Act, 1939 if he is a legal representative of the deceased. The provisions of the Act are not merely procedural and substantively enlarge the right to claim compensation over the Fatal Accidents Act, 1855.

Parties
Petitioner: Gujarat State Road Transport Corporation, Ahmedabad; Respondent: Ramanbhai Prabhatbhai; Respondent: Dineshbhai
Jurisdiction
India
Judgment Date
11 May 1987
Procedural Posture
Special Leave Petition (civil) / Judgment on Special Leave Petition
Outcome
Special Leave Petition dismissed.
Legal Topics
Compensation for Motor Vehicle Accident, Legal Representatives—scope, Fatal Accidents, Social Justice
Motor Vehicles Law Tort Law Compensation for Motor Vehicle Accident Legal Representatives—scope Fatal Accidents Social Justice

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Parties

Gujarat State Road Transport Corporation, Ahmedabad

Petitioner

Ramanbhai Prabhatbhai

Respondent

Dineshbhai

Respondent

Procedural Posture

Special Leave Petition (civil) / Judgment on Special Leave Petition

Legal Issues

  1. 1 Whether a brother of a person killed in a motor vehicle accident can claim compensation as a legal representative before the Motor Accidents Claims Tribunal under Motor Vehicles Act, 1939 section 110A.

Ratio Decidendi

The brother of a person who dies in a motor vehicle accident is entitled to maintain a petition under Section 110A of the Motor Vehicles Act, 1939 if he is a legal representative of the deceased. The provisions of the Act are not merely procedural and substantively enlarge the right to claim compensation over the Fatal Accidents Act, 1855.

Court Disposition

Special Leave Petition dismissed.

Orders

  • Petition dismissed.