CHUHARMALHABMAL ISSABDAS Vs. HAJI WALI MOHAMMED

JUDGEMENT

(1.) THIS is an appeal against an order dated 30th November 1965 whereby the Motor Accidents Claims Tribunal, Bhopal, dismissed an application for compensation in respect of the death of one Ranwaldas as a result of an accident which ensued when the respondent 2 was driving a motor vehicle owned by the respondent 1 and insured by the respondent 3.

(2.) THE Tribunal held that the application made by Chuharmal (father) alone and not also by Smt. Sadoribai (mother) was incompetent, that on the death of Smt. Sadoribai, her legal representatives had no right to continue the application and that, in any emit, the application made by them for being brought on record was out of time and stale.

(3.) THE result is that the appeal succeeds and js allowed. THE order passed by the Tribunal is set aside and the case is remitted to it for deciding it on merits according to law after allowing the legal representatives of Smt. Sadoribai to be brought on record. Costs here shall be costs in the cause. Hearing fee Rs. 100. Appeal allowed.