1. What falls for consideration in this appeal is the proviso to sub-sec. (1) of Section 110-A of the Motor Vehicles Act, 1939 .

2. Desh Kumar was killed in an accident with a bus. This happened at Samalkha on October 18, 1980. He died leaving behind his mother Smt. Kaushalya Devi, his brother Jai Bhagwan, his sister Prem Lata as also his widow Shashi Bala.

3. A claim for compensation was put in by the mother, brother and sister of the deceased. The widow was not, however impleaded as a party, despite a specific objection having been raised by the respondent to her non-joinder. The claimants instead sought to meet this objection by placing on record the affidavit of the widow - Shashi Bala. Exhibit P1 wherein it was stated that she had gone to her parents house and had given up her claim to compensation on account of the death of her deceased husband in favour of her mother-in-law, Smt. Kaushalya Devi.

4. The Tribunal held that the affidavit Exhibit P1 did not satisfy the requirements of law and accordingly dismissed the petition as being bad for non-joinder to the widow Shashi Bala as a party to this petition.

5. In dealing with this matter it would be pertinent to advert