K.L. PANDEY, J.

1. This is an appeal against an order dated 30.11.1965 whereby the Motor Accidents Claims Tribunal, Bhopal, dismissed an application for compensation in respect of the death of one Ranwaldas as a result of an accident which ensued when the respondent 2 was driving a motor vehicle owned by the respondent 1 and insured by the respondent 3.

2. The Tribunal held that the application made by Chuharmal (father) alone and not also by Smt. Sadoribai (mother) was incompetent, that on the death of Smt. Sadoribai, her legal representatives had no right to continue the application and that in any event, the application made by them for being brought on record was out of time and state.

3. Having heard the counsel we have formed the opinion that this appeal must be allowed. Although the name of Smt. Sadoribai does not appear in the cause title, the reason perhaps is that Chuharmal himself made the application for her also and this is indicated by paragraph 5 of his application which reads:–

"That the applicant is an authorised agent of Smt. Sadoribai w/o the applicant who is the legal representative of the deceased Ranwaldas. The power of attorney is filed herewith. The applica