HARBANS LAL Vs. RATTAN SINGH

JUDGEMENT

(1.) THE claim here is by the brother for compensation for the loss suffered by him on account of the death of the deceased Narinder Nath Sood. The question which arises at the very threshold is whether the claimant Harbans Lal being the brother of Narinder Nath Sood is entitled to claim compensation ?

(2.) IN dealing with this matter, it deserves note that a brother is not one of the heirs specified under the Fatal Accident Act. Budha v. Union of India and Ors. 1981 Madhya Pradesh, 151 provides a direct precedent for the point raised, where it was held, that an application for compensation under Section 1104A of the Motor Vehicles Act by the brother of the deceased was no maintainable as he was not the legal representative for the purpose of claiming compensation. A similar view is expressed by a Division Bench of the High Court of Allahabad in Motila Vishwakarma v. Guru Bachan Singh and Ors. 1980 A.C.J. 462.

(3.) WHAT now remains to be dealt with is an application under Order 1 Rule 10 of the Code of Civil Procedure seeking to implead the sisters of the deceased as parties and co-appellants. There are clearly no grounds to warrant acceptance of this application at this stage. The accident had taken place on September 18, 1976. The award of The Tribunal was given on October 3, 1977 and it was only on January 16, 1978 that the present application was filed. On the face of it the claim for compensation by the sisters stands hopelessly barred by limitation and what is more no explanation or any reason has been set-forth for the condonation of this delay. This application cannot, therefore, but be declined.