( 1 ) THE question, which has arisen for decision by this full bench on a reference by a division bench, is the following:"whether, in a claim petition presented under Section 110-a of the Motor Vehicles Act, 1939, claiming compensation for peronal injury resulting from a motor accident as also compensation towards expenses incurred and towards loss of income etc. , if the claimant dies during the pendency of the petition, his legal representative can come on record and continue the proceedings?"

( 2 ) CIRCUMSTANCES, which led the division bench to refer the aforesaid question for decision by the full bench, need mention at the outset for a proper understanding of the question and a decision thereon. Out of the use of a passenger bus belonging to the Karnataka state road transport corporation ("the ksrtc") on siddaiah road, wilson gardens, Bangalore city, an accident occurred on 25-4-1983. One muniswamy, a pedestrian, who was involved in that accident, sustained personal (bodily) injuries and got hospitalised for treatment of those injuries. While he was still in the hospital, an application was made by him on 20-6-1983 before the motor accidents claims tribunal, Bangalore city ("the claims tribunal"), claiming compensation from the ksrtc for the injuries sustained by him as a result of the accident. When that application was pending consideration by the claims tribunal, he died on 4-11-1983 in the hospital itself as a consequence of the injuries which he had sustained in the accident. This situation made deceased muniswamy's legal representatives file interlocutory applications i. as. I and ii, before the claims tribunal seeking its permission to prosecute the application which had been filed by him (the deceased) before it, making a claim for compensation from the ksrtc for the personal (bodily) injuries sustained by him in the accident. But, those applications came to be rejected by the claims tribunal by its order dated 16-4-1985 finding, inter alia, that such applications could not be entertained by reason of the decision of a division bench of this court in Muniyappa and others v H. L. Narasimhaiah, 1984 (1) kar. L. j. 41, wherein it has been ruled that a claim made against a tort feasor for damages respecting personal injuries does not survive on his death for the benefit of his legal representatives and therefore an appeal filed by such person seeking higher damages cannot also survive for the benefit of his legal representatives. That order was questioned by the legal representatives of deceased muniswamy by filing m. f. a. No. 2366 of 1985 in this court. A division bench of this court, which heard that appeal, took the view that the earlier division bench decision of this court in muniyappa's case 1984 (1) kar. L. j. 41 (supra) relied upon by the claims tribunal for making the order under appeal required reconsideration, by referring to certain other decided cases in the matter. A question being formulated in that regard by the division bench, the same has come to be referred by it for decision by a full bench.

( 3 ) THIS full bench, which heard learned counsel on the said question, shall now proceed to decide upon it, regard being given to the circumstances in which it has been referred for decision by the full bench, the material statutory Provisions and decided cases bearing upon it. Sub-section (1) of Section 110 of the Motor Vehicles Act, 1939 ("the act"), enables the state government to constitute motor accident's claims tribunal/s for area is forthe purpose of adjudicatingupon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of third party so arising, or both. Sub-section (1) of Section 110-a of the act provides for the filing of an application for compensation arising out of an accident of the nature specified in sub-section (1) of Section 110 of the act- (A) by the person w