1. In the context of the relevant provisions of the Motor Vehicles Act, 1939 , what right vests in a wife, living apart from her husband, to claim compensation consequent upon his death in a motor accident ? Herein lies the meaningful and significant point which arises for determination in this appeal, besides, of course, the apportionment of blame for the accident and the quantum of compensation payable to the claimants.

2. Several passengers were injured and one died too, namely, Mohinder Pratap Gupta, when the Punjab Roadways bus PLG 3720 they were travelling in was involved in an accident with the truck PBN 778 at the crossing on the Amritsar-Gurdaspur road near the outskirts of Batala. This happened on August 15, 1981, at about 3 p.m. The bus was on its way from Amritsar to Gurdaspur while the truck had come on to the crossing from its right from the Aliwal-Jalandhar road bypass. It was the finding of the Tribunal that both the bus driver as also the truck driver were equally to blame for the accident. A sum of Rs. 1,93,000 was awarded as compensation to the claimants, they being the mother, widow, son and daughter of Mohinder Partap Gupta deceased.

3. There can be no