- (1.) IN this petition under Article 227 of the Constitution the petitioner questions the legality of the order dated December 10, 1964 made by Motor Accidents Claims Tribunal dismissing the petitioner's application for compensation as against the Bombay Municipal Corporation, being the fourth respondent in this petition.
(2.) THE relevant facts are as follows:--On October 3, 1962, as a result of collision with a motor transport bus of B. E. S. T. Undertaking, the petitioner was knocked down and suffered from fracture, of the neck of the left femur and certain other injuries. Having regard to the fact that the B. E. S. T. Undertaking was of the ownership of the Corporation, the petitioner served a statutory notice under Section 527 of the Bombay Municipal Corporation Act on the General Manager, B. E. S. T. Undertaking. The petitioner then in accordance with the provisions in Section 110-A of the Motor Vehicles Act instituted the application No. 649 of 1962 before the Motor Accidents Claims Tribunal claiming compensation amounting in all to Rs. 86,000/ -. In paragraph 15 of the application he mentioned, according to the prescribed form, the name and address o? the owner of the vehicle. The name mentioned was "b. E. S. T. Bombay".
(3.) IN paragraph 3 of the written statement filed on or about March 19, 1964 on behalf of the driver Abdul Gafar Ismail and the "b. E. S. T. Undertaking, Bombay" and sworn by the General Manager of the above undertaking, it was contended that the B. E. S. T, Undertaking was not a legal entity and could not be sued and/or made a party to the application and the claim against the B. E. S. T. Undertaking should, therefore, be dismissed with costs.;