DIRECTOR, CIVIL AVIATION Vs. KALLU

JUDGEMENT

(1.) Heard learned counsel for the appellant and Sri Nand Kishore Agarwal, learned counsel who has put in appearance on behalf of respondents no. 2/1 and 3.

(2.) The appeal filed by the State Government, apart from challenging the quantum, has also questioned the very entitlement of claim laid by the legal representatives of Late Nankey who died in a motor accident. It is further urged by the appellant that though the period of limitation is not prescribed under the Act but a belated claim ought not to have been entertained by the Tribunal in a situation where the parents of the deceased delayed the institution of claim so as to make the widow of deceased suffer and her participation in the case belatedly filed was later on objected.

(3.) It is to be noted that legal representatives of a deceased are entitled to join together for laying a claim under Sec. 166 of of the Motor Vehicles Act, 1988. Even if all the legal representatives have not joined as applicants, it is open to any party in the proceeding to make an application to join an unrepresented legal representative as a respondent to the proceedings. Section-163A of the Act unlike Section-166 has used the term 'legal-heirs'. The question as regards entitlement to claim compensation invariably arises before this Court looking to the language used in the statute.