GOVINDA SAMY Vs. RAVI

JUDGEMENT

(1.) This is an appeal by the claimant.

(2.) The claimant, as an heir to the estate of Venkatachalam, who died in the motor accident, which took place on 28.5.1989, made a claim of Rs. 1,00,000.

(3.) In the claim petition, it is stated that the deceased is the claimants fathers brothers son. But, in the evidence, the claimant had deposed that the deceased Venkatachalam is his brothers son and they are living as a joint family and the properties were not divided among themselves. It is also stated that the parents of the deceased had died while he was young and even thereafter, they were all living together. The respondents have denied the relationship claimed by the claimant to the deceased and further stated that the definition of legal representative as stated in Civil Procedure Code is applicable to the Motor Vehicles Act also and the claimant is a Hindu and, therefore, the Hindu Succession Act would be applicable.