The provisions of the Motor Vehicles Act, 1939, supersede the provisions of the Fatal Accidents Act, 1855, in so far as motor vehicle accidents are concerned. The expression "legal representative" in Section 110-A of the Motor Vehicles Act is not limited to the persons mentioned in Section 1-A of the Fatal Accidents Act, and that brothers and sisters of the deceased can also be legal representatives if they are dependent on the deceased.

( 1 ) THIS order will dispose of the above two appeals arising out of order dated 18. 2. 1983 passed by Mr. Sangam Lal Tripathi, District Judge, Jaunpur acting as Motor Accidents Claims Tribunal in Claim Petition Nos. 32 and 39 of 1979. The learned Tribunal rejected the claim petitions. In m. A. C. T. Case No. 32 of 1979, the deceased was Gayatri Devi. She was widow and issueless. She was the aunt of the claimants. In M. A. C. T. Case No. 39 of 1979, the deceased was Sankatha prasad, and Amardevi claimant-appellant is sister of deceaseds maternal uncle. As mentioned in the grounds of appeal, they have alleged that they are themselves to be the dependants of the deceased. Under Section 110-A of the Motor Vehicles Act, the Tribunal invoked the provisions of Fatal Accidents Act (13 of 1855) under which only the legal heirs of the deceased- parents, wife and son, can claim the compensation.

( 2 ) THE unfortunate accident took place on 8. 2. 1978 in which so many persons had died and 30 were injured.

( 3 ) I have heard the learned Counsel for the parties and have perused the entire record. After considering the facts and circumstances of the case and perusing the impugned orders, I am of the view that the learned Tribunal has not rightly construed the provisions of Section 110-A read with Section 110-B of Motor Vehicles Act, 1939 and 1-A of Fatal Accidents Act, 1855. The emphasis of the Motor Vehicles Act is on dependency and in our Indian society, the near and dear, including the brothers children can be dependants, depending on circumstances. The tribunal has also not given the finding of negligence. Piecemeal trial is not desirable as it leads to delay and injustice.

( 4 ) MR. A. L. Jaiswal, learned Counsel for the appellants in both the appeals aforesaid, has relied upon Gujarat State Road Trans. Corporation v. Ramanbhai Prabhatbhai AIR 1987 SC 1690: 1987 ACJ 561 (SC), in which it was held as under:

(B) Motor Vehicles Act (4 of 1939), Section 110-A Proviso-Motor Accident-Death-Legal representative applying for compensation-Need not necessarily be one of the persons contemplated by Section 1-A of Fatal Accidents Act. [fatal Accidents Act (13 of 1855), Section 1-A]. The expression legal representative has not been defined in the Act. However, a legal representative ordinarily means a person who in law represents the estate of a deceased person or a person on whom the estate devolves on the death of an individual. The proviso to Sub-section (1) of Section 110-A of the Motor Vehicles Act appears to be of some significance. It provides that the application for compensation shall be made on behalf of or for the benefit of all the legal representatives of the deceased. Section 110-A (1) thus expressly states that (i) an application for compensation may be made by the legal representatives of the deceased or their agent, and (ii)that such an application shall be made on behalf of or for the benefit of all the legal representatives. Both the person or persons who can make an application for compensation and the persons for whose benefit such application can be made are thus indicated in Section 110-A. This section in a way is a substitute to the extent indicated above for the provisions of Section 1-A of the Fatal Accidents Act, 1855 which provides that every such action or suit shall be for the benefit of the wife, husband, parent and child, if any, of the person whose death shall have been so caused, and shall be brought by and in the name of the executor, administrator or representative of the person deceased. While the Fatal Accidents Act provides that such suit shall be for the benefit of the wife, husband, parent and child of the deceased, Section 110-A (1)of the Motor Vehicles Act says that the application shall be made on behalf of or for the benefit of the legal representatives of the deceased. A legal representative in a given case need not necessarily be a wife, husband, parent and child. It is further seen f