Swatanter Kumar, J.

1. The Civil revision was admitted for hearing to Full Bench by Honble Mr. Justice R.S. Mongia vide his order dated 17.4.1996, which reads as under :-

"Whether in the presence of Class-I heirs of the deceased under the Hindu Successions Act an applicant for compensation Under Section 166 of the Motor Vehicles Act (Section 110-A of the old Act) by an heir of Class II is maintainable or not is one of the primary questions that arises in the present case. According to the learned counsel for respondents Nos. 5 to 8, such an application by any Class II heir in the presence of Class I heirs is not maintainable. In support of his contention, he relies on the decision of a Full bench of this Court in Parkash Chand and Ors. v. Pal Singh and Ors., (1985-1)87 P.L.R. 538, and also on a Single Benchs decision of this Court in Hans Raj and Ors. v. Neelam Chopra etc., (1986-1)99 P.L.R. 92.

On the other hand, learned counsel for the petitioner as well as for the State submit that under the Fatal Accident Act, the parents of the deceased which will naturally include the father, who is not a Class I heir, can maintain a petition for compensation as Section 166 of the Mot