- (1.) This petition arises out of proceedings under Motor Vehicles Act, called 'The Act'. Claim petition was registered as M. A. C. No. 256 of 1997; copy of the claim petition has been filed as Annexure-9 to the Writ Petition.
(2.) Motor Claims Tribunal, Bijnore/VIIth Additional District Judge, Bijnore, has passed an order dated 13/12/1999 (Annexure-10 to the Writ Petition) and thereby rejecting petitioner's Application (38 Ga) to decide the question whether the machine in question (Wheel-loader) is covered by the definition of 'Motor Vehicle' under the Act. According to the Petitioner, wheel-loader, not being Motor Vehicle under the aforesaid Act, the Claim petition was not maintainable. Petitioner claims that this issue be decided as a preliminary issue before requiring him to tender evidence.
(3.) Application-paper No. 38 GA (has been filed as Annexure-5 to the Writ Petition) was filed by petitioner/Opposite party praying that in view of their defence in the written statement (to the effect that Wheel-loader involved in accident is not covered by the definition of 'Motor Vehicle' contained in Motor Vehicles Act) an issue be framed and decided as preliminary issue. On behalf of the claimant objections dated 17/03/1998 were filed against aforementioned application (paper No. 38 Ga) and copy of which has been filed as Annexure No. 6 to the petition.;