Judgement

VENKATARAMIAH, J. :- The question involved in this case is whether a brother of a person who is killed in a motor vehicle accident can claim compensation in a proceeding instituted before a Motor Accidents Claims Tribunal established under the provisions of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act). The High Court of Gujarat has upheld such a claim in this case. This Special Leave Petition is filed against the judgment of the High Court questioning the correctness of the said decision.

2. The brief facts of the case are these. On account of the negligence on the part of the driver of a bus belonging to the petitioner, the Gujarat State Road Transport Corporation, Ahmedabad, a boy named Bhanubhai, aged 14 years, was run over by the bus resulting in his untimely death. Ramanbhai and Dineshbhai, who were the brothers of the deceased, instituted a petition before the Motor Accidents Claims Tribunal (Auxiliary), Vadodara claiming compensation for the death of their brother alleging that they were the heirs and legal representatives of the deceased. The Tribunal awarded a sum of Rs. 32,000/- as compensation to the claimants and directed the Gujarat State R