The main legal point established in the judgment is the interpretation of 'legal representative' under S.110A of the Motor Vehicles Act and the effect of joining a Holy Order on inheritance rights.

John Mathew, J.

Whether the Mother Superior of a Holy Order of Catholic nuns is the legal representative of a deceased nun of that congregation? This question arises in this appeal filed against an award passed under S.11 OB of the Motor Vehicles Act, 1939. The 3rd respondent in O.P.(MV) No. 421/88 before the M.A.C.T. Thodupuzha, viz. the Oriental Insurance Company Ltd., is the appellant. That claim was filed before the M.A.C.T. by the Mother Superior, Sacred Heart Convent, Kanayankavayal Pcruvanthanam, Idukki (hereinafter referred to as the petitioner), for compensation for the death of Rev. Sister Claramma, who was a member of that Holy Order, in a motor traffic accident. The accident occurred on 3-6-1988 when a jeep bearing No. KLI 3276 owned by the 1st respondent before the Tribunal driven by the 2nd respondent in a rash and negligent manner hit the deceased while she was walking along the side of the road. She sustained grievous injuries. Although she was taken to the Medical College Hospital, Kottayam and treated there, she succumbed to her injuries on 5-6-1988. The deceased was aged 48 at the lime of her death and was employed as L.P.S. Assistant in the Corporate Management drawing a monthly emolument of Rs. 1669/-. The petitioner claimed a total compensation of Rs. 1,88,395/- under different heads.

2. Respondents 1 and 2 did not file any written statement. In the written statement filed by the 3rd respondent ( appellant) it was contended that the petitioner is not a legal representative of the deceased and therefore, not entitled to claim compensation. The allegation of negligence of the 2nd respondent was denied and it was contended that the deceased died as a result of an inevitable accident. The petitioner produced Exts. Al to A4 and examined P.Ws.1 and 2. The respondent produced Exts. B1 to B4. After considering the evidence the learned Tribunal awarded a compensation of Rs. 93,400 with interest and proportionate cost.

3. The only point urged at the time of arguments is whether the petitioner is a legal representative of the deceased as envisaged in S.110A of the Motor Vehicles Act. Under S.110A of the M.V. Act where death has resulted from the accident, an application for compensation may be made by all or any of the legal representatives of the deceased! Rule 2(c) of the Kerala Motor Accidents Claims Tribunal Rules, 1977 defines legal representatives as follows:

"2(c) "Legal representative" means a person who in law is entitled to inherit the estate of the deceased if he had left any estate at the time of his death, and also includes any legal heir of the deceased and the executor or administrator of the estate of the deceased."

The definition of the words 'Legal Representative' in the Code of Civil Procedure is slightly different, which is as follows:

"2(1.1) 'Legal representative' means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued."

4. Therefore, it has to be examined whether the petitioner "is entitled to inherit the estate of the deceased or alternatively whether she represents the estate of a deceased".

5. Learned counsel for the 3rd respondent-appellant relying on S.29(2) of the Indian Succession Act contended that the deceased being an Indian Christian, the provisions of the Indian Succession Act alone has to be examined in order to find out as to who will inherit her assets. It was further contended that the petitioner will not come within any of the categories of heirs mentioned in Ss.41 to 48 of the Succession Act and therefore, the petition itself was not maintainable.

6. The legal effect of a person becoming a nun and joining Holy Order was considered by a Bench of this Court in Mother Superior, Adoration Convent Kttnjircmmnom v. D.E.O., Kottayam -1977 KLT 1954 SC