( 1 ) THIS miscellaneous appeal has been filed by the appellant against an order passed by the Motor Accidents Claims Tribunal, Indore, dismissing the claim of the appellant on the ground that the appellant is not entitled to compensation as he does not fall within the category of persons mentioned in the provisions of the Fatal Accidents Act.

( 2 ) THIS appeal was heard by a learned single Judge. The learned single Judge felt that the consistent view of this Court as laid down in Kasturilal v. Prabhakar (1970 Acc CJ 1): (AIR 1971 Madh Pra 145) and Suman v. The General manager, M. P. S. R. T Corporation (1970 Acc CJ 280) is that the Motor Vehicles act, Section 110a does not confer a new right but only provides an expeditious remedy and, therefore, except the persons entitled to claim compensation under the Fatal Accidents Act no others, even if they fall within the ambit of the term legal representatives' can claim compensation. The learned Judge, therefore, also felt that the view taken by Hon'ble Shri Justice R. K. Vijaivargiya in Misc. Appeal No. 161 of 1974, decided on 2-4-1979 (Bhagwatidin v. Ghisalal), cannot be accepted and in order to resolve this conflict the learn