PIARA SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) THE Civil revision was admitted for hearing to Full Bench by Hon'ble Mr. Justice R. S. Mongia vide his order dated 17. 4. 1996, which reads as under :

(2.) ON the other hand, learned counsel for the petitioner as well as for the State submit that under the Fatal Accident Act, 'the parents' of the deceased which will naturally include the father, who is not a Class I heir, can maintain a petition for compensation as Section 166 of the Motor Vehicles Act read with Section 1-A of the Fatal Accidents Act enlarges the scope of the legal representatives, who can file a petition. For this, reliance is being placed on a decision of the apex Court in Gujarat State Road Transport, Ahmedabad v. Ramanbhai, A. I. R. 1987 S. C. 1690 and a Single Bench judgment of this Court in Gram Panchayat, Mehngrowal v. Auditya Ram and Anr. , (1987-2)92 P. L. R. 656. According to them, the Full Bench judgment was earlier than the judgment of the apex Court. According to me, this point is likely to arise again and again and as such it requires consideration by a larger Bench. Since the earlier judgment relied upon by the learned counsel for respondents Nos. 5 to 8 is of Full Bench. I admit this revision petition to a Full Bench. Considering the controversy involved in the case. Hon'ble the Acting Chief Justice may consider the feasibility of constituting a Full Bench at an early date.

(3.) IN opposition to this application reply was filed by the non-applicants. The very locus-standi of the applicant was assailed in the reply and it was stated that in the face of the non- applicants, the applicant has no right to claim compensation. It was also averred that the applicant was not dependent upon the deceased nor was he living with the deceased, consequently the application was liable to be rejected. 9. Learned Motor Accidents Claims Tribunal, found no merit in this application and dismissed the same vide order dated 9. 11. 1995, which reads as under :