KISHAN LAL Vs. BHAROSI LAL

JUDGEMENT

(1.) This civil misc. appeal has been preferred against the dismissal of the claim application.

(2.) One Khoob Chand had died in a motor accident on 25.5.1998. The deceased was the elder brother of claimant-appellant Nos. 1 and 4 and was brother-in-law of appellant Nos. 2 and 5 and father of appellant No. 3. He had died because of the accident caused by bus No. RJ 14-P 3326 belonging to the Rajasthan State Road Trans. Corpn. (hereinafter referred to as 'the Corporation'). He was 60 years of age and was doing the business of fruit vendor. The deceased was unmarried and had adopted a son, i.e., appellant No. 3. Certain issues were framed including issue Nos. 6 and 7 about the maintainability of the claim application on behalf of the brothers, adopted son and other relatives. Without giving any opportunity to the parties, the Tribunal had held that the deceased was an unmarried person and, therefore, the applicant Nos. 1, 2, 4 and 5 were not entitled to maintain the application and they were not the dependants. In regard to adopted son of the deceased, it was noticed that no document has been produced on record to show that he had been adopted and thus had dismissed the claim application in toto.

(3.) It is contended by learned counsel for the appellants that as per the statutory provisions of the Motor Vehicles Act, it is not necessary that the claim application can only be filed by the dependants. According to the provisions of the Act, the legal representatives are entitled to file the application and the brother is definitely a legal heir of the unmarried deceased. He relies on Gujarat State Road Trans. Corpn v. Ramanbhai Prabhatbhai, 1987 ACJ 561 (SC); Bisarti Bai v. M.P. State Road Trans. Corpn., 1990 ACJ 103 (MP) and Nirmala Puri v. Gurmel Singh, 1999 ACJ 403 (P&H).