ATTAU RAHMAN MASOODI,J. - (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. This appeal filed under Section 173 of Motor Vehicles Act, 1988 has questioned the correctness of judgement/award rendered by Motor Accident Claims Tribunal, Lucknow in MACT No.37 of 2002 on 31.03.2005 whereby a compensation of Rs.4,12,500/- along with 9% interest has been awarded in favour of the claimants.
(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. Insofar as the objection as to the entitlement of claim for compensation is concerned, reference may be made to Section 166 (1) of Motor Vehicles Act which is reproduced hereunder:- "166. Application for compensation-(1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made- (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorised by the person injured or all or any of the legal representative of the deceased, as the case may be; Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application."
(3.) It is to be noted that legal representatives of a deceased are entitled to join together for laying a claim under Section 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. The term legal representative is not defined under the Motor Vehicles Act, 1988 however, its implication and meaning as per the proforma prescribed for filing a claim under Clause 7 is restricted to the dependents. The term 'legal representative' for the purposes of award of compensation under Motor Vehicles Act in common parlance is understood to mean the 'dependents of a deceased'. The question is as who is to be construed as the legal representative in a case for payment of compensation under the Motor Vehicles Act in contrast to a legal heir or dependent. This question was delved into by this Court in a recent judgment rendered in F.A.F.O. No. 1088 of 2011 (Virendra Kumar Tiwari v. Union of India) reported in 2017 (3) ADJ 528 but the said judgment pertains to a different Act wherein the statute has used a different language and the dependents are defined.;