Plaintiff, the administrator ad prosequendum of the estate of Robert Ottman Betz, instituted an action against the Director of the Division of Motor Vehicles pursuant to N.J.S.A. 39:6-78 of the Unsatisfied Claim and Judgment Fund Law. L. 1952, c. 174, p. 570, as amended, N.J.S.A. 39:6-61 to 91. The complaint alleged that on July 16, 1956 Betz was killed while driving an automobile on Route No. 15 in Sparta Township, Sussex County, New Jersey, when he was negligently forced off the road by a motor vehicle, the identity of which and that of its owner and operator were unknown. The complaint further stated that at the time of the accident the decedent was a resident of the State of New York, and that his personal representative, the plaintiff, is also a resident of that state. There was no allegation that decedent was an owner of a motor vehicle registered in New Jersey.
