- (1.) Questioning the maintainability of claim petition filed by Ram Sahai, (respondent no. 2 herein) who is owner of Vehicle No. UP-50/(MB) 9351 in respect of damages caused to it in a road accident insured with the petitioner before the Motor Accidents Claims Tribunal (hereinafter referred to as ''the Tribunal'), the present writ petition has been filed.
(2.) The background facts may be noticed in brief: Ram Sahai filed Motor Accident Claim Petition No. 176 of 1995 which is pending before Motor Accidents Claims Tribunal on the allegations that he is owner of the said vehicle which met with a a road accident near Fattanpur, Azamgarh to save a buffalo which all of sudden came in the middle of the road, is entitled to recover compensation for damages caused to the vehicle in question. The said claim petition is being contested by the petitioner herein by raising various pleas.
(3.) On the basis of pleadings of the parties, as many as four issues have been framed. Issue No. 3 relates to the jurisdiction of the Motor Accidents Claims Tribunal to entertain the petition for damages caused to the vehicle in question, at the instance of the owner of the vehicle. The said issue was decided as a preliminary issue and it has been held by the impugned order dated 16th February, 2000 that the Tribunal has jurisdiction to try the case.;