K.GNANAPRAKASAM, J.

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 claimant's father's brother's son. But, in the evidence, the claimant had deposed that the deceased Venkatachalam is his brother's 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 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 representatives' as stated in CPC are applicable to the Motor Vehicles Act also and the claimant is a Hindu and therefore, the Hindu Succession Act would be applicable.

4.The claimant, in the petition, has stated that the deceased is his father's brother's son and as such, he is not a Class I heir. His further claim is that the deceased is his brother's son and he would come under entry 7 in Class I heirs. The claimant also f