( 1 ) * * * * *

( 2 ) THE first question to be decided is whether such separate applications by different claimants Were tenable or not. The learned Tribunal in this contention has inter alia observed as under:now it need not be stated that such petition for compensation is instituted under sec. 110 A Motor Vehicles Act 1939 and its clause (b) of sub sec (1) lays down that an application for compensation arising out of an accident of the nature specified in sub sec. (1) of sec. 110 may be made where death has resulted from the accident by all or any of the legal representatives of the deceased while proviso to this sub section provides that where all the legal representatives of the deceased have not joined any such application for compensation the application shall be made on behalf of or for the benefit of all the legal representatives who have not so joined shall be impleaded as respondents to the application. Thus by virtue of this proviso to sub sec. (1) of sec. 110 only one application by all or any of the legal representatives of the deceased person is contemplated and that application would be deemed to have been made in a representative character on behalf of