The provisions of Sections 110-A to 110-F of the Motor Vehicles Act, 1939 are substantive in nature and provide a complete code for claiming compensation for death due to a motor accident.

D.S.TEWATIA, J.

1. This appeal in the first instance came up for hearing before Sodhi, J. who referred the same to a larger Bench by his order dated 15-5-1984. The Division Bench which thus came to deal with the matter by order dated 29-8-1984 referred the following question for the decision of the larger Bench :

"Whether the legal representatives and dependents, other than those enumerated in Sec.1 of the Fatal Accidents Act, 1855 , can maintain a petition for compensation on account of the death of their relation who died in a motor accident, by virtue of the provisions of Sec.110-A of the Motor Vehicles Act, 1939 ?"

The import of the aforesaid legal proposition has to be examined against the background of facts which are not in dispute and can be stated thus : Dharam Pal, a rickshaw puller, aged 21 years on the date of the accident, met with an accident with an ambassador car No. PUQ-2148 (Taxi) on 26-2-1977 at about 10 p.m. near a cycle-repair shop close to Naz Cinema, G. T. Road, Jalandhar, in which accident he sustained injuries on various parts of his body, including the head. He succumbed to his injuries on 15-5-1977 in the Christian Medical College and Brown Hospital, Ludhiana, where he remained as an indoor patient from 27-2-1977 onwards till his death.

2. The offending vehicle was owned by Pal Singh Taxi Stand, Opposite to M/s. Shamsher Singh Sehgal and Sons, G. T. Road, Jalandhar, and Tarsem Singh son of Lachhman Singh, resident of village and Post Office Dhanowali. The said car was insured with the United India Fire and General Insurance Company Limited, under Policy No. 416/21/1/1003, cover note NR/51877 for the period from 19-10-1976 to 18-10-1977. The car was being driven at the time by Mohinder Singh driver.

3. Dharam Pal deceased s two brothers, namely Parkash Chand and Saran Dass, appellants herein, applied to the Tribunal claiming a sum of Rs. one lakh by way of compensation on account of the death of Dharam Pal deceased. It was alleged that Dharam Pal was earning about Rs. 500.00 p.m. when he met with the accident. He was intelligent, brilliant and an earning hand for the family and had he lived his life, he would have become very prosperous.

4. The claim was resisted, inter alia, on the ground that the appellants were not entitled to file the claim petition in question.

5. The Tribunal framed issue No. 2 to the effect "Whether the petitioners have locus standi to file this claim petition?" The Tribunal held that the deceased Dharam Pal died as a result of injuries sustained by him in the accident which occurred as a result of negligent driving of the offending motor vehicle. The petition was held to have been filed within limitation. However, the Tribunal upheld the objection of the respondent in regard to the locus standi of the appellants to file the petition. The Tribunal took the view that only such relations, as are envisaged in Sec.110-A of the Fatal Accidents Act, could file an application for claiming compensation on account of the death of their relation and dismissed the application.

6. The question posed for the decision of this Bench would first necessitate the ascertaining of the substantive law that would govern the claims for compensation arising from a motor accident and this would require a peep into the past. Prior to the insertion of the provisions of Sections 110-A to 110-F of the Motor Vehicles Act, an action claiming damages on account of the death was brought only by such persons and for the benefit of such persons as are mentioned in the relevant provisions of the Fatal Accidents Act. Prior to the enactment of the Fatal Accidents Act, 1855 , the position that obtained in India was identical to the one that obtained in England prior to the passing of the Fatal Accidents Act of 1846, popularly known as Lord Campell s Act, an Act on which the Fatal Accidents Act, 1855 , had been modelled. The Campell s Act tin England and the Fatal Accidents Act in India were put on the statut