RUBEM BORTH Vs. ANJU BORTH

JUDGEMENT

(1.) The Appellant assails validity of the order dated February 16, 2005 passed by the learned Member, MACT, Dibrugarh, holding that as per the provisions as contained in Hindu Succession Act sons and daughters both are heirs and legal representatives of the deceased Mohan Bora; that the claimant Ruben Bora (who is the appellant) by suppressing material fact in regard to existence of the daughters of Late Mohan Bora, had filed claim petition and got the matter settled before Lok Adalat without issuance of any notice to the daughters and thus the compensation awarded has to be equally distributed amongst the heirs and legal representatives of late Mohan Bora.

(2.) Mr. B. D. Konwar, learned counsel for the Appellant submitted as follows:

(3.) It is well known that the provisions as contained in Section 166 of the Motor Vehicles Act, 1988 is a beneficial piece of legislation for a person, who has sustained injury or where death has resulted from the accident, for the heirs and legal representatives of the deceased.