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Legal heirs not the representatives are eligible to file an application for compensation for death under MACT

In Rajan Vs. Biju, Kerala High Court has held that in a claim under Section 163A of the Act, dependency has no relevancy because the persons eligible to file an application for compensation for death are the legal heirs and not the legal representatives.

The High court also held that the view taken by the Division Bench in Kadeeja v. Kerala State Road Transport Corporation, 2013 is correct and the view of the court in Joseph v. Giji Varghese, 2009 is not a correct proposition of law.

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