M BASAVALINGIAH Vs. T P PAPANNA

JUDGEMENT

(1.) Can a father maintain a petition for compensation under S.110A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) in respect of the death of his son in an automobile accident, when the mother is alive? That is the question that arises for determination in this appeal. One Basavarajaiah died as a result of an automobile accident in Davanagere City on 16-12-1965. He was survived by his mother and his father.

(2.) On 10-2-1966 the father (appellant 1) made a petition under S.110A of the Act before the Motor Vehicles Accidents Claims Tribunal, Chitradurga, (hereinafter referred to as the Tribunal) claiming compensation. More than a year later i.e., in February 1967, he made an application, IA.IV, to implead the mother of the deceased as the second petitioner. Respondents 1 to 3 herein, namely, the owner of the motor vehicle involved in that accident, the Insurance Co. (wherein that vehicle was insured) and the driver of that vehicle who were also respondents 1 to 3 before the Tribunal), did not file any objections to IA.IV. The Tribunal allowed that application on 3-3-1967 and the mother was added as petitioner 2 in the petition.

(3.) On 20-12-1967, petitioner 2, namely, the mother, made an application praying for condoning the delay in making her claim. That application was opposed by the respondents. The Tribunal dealt with that application along with the main petition.