MILAP CHANDRA, J. - (1.) THIS appeal has been filed under section 110-D Motor Vehicles Act, 1939 (hereinafter called 'the Act') against the order of the Motor Accident Claims Tribunal, Bhilwara dated January 10, 1989 passed under section 92-A of the Act. The facts of the case giving rise to this appeal may be summarised thus.
(2.) THE claim petition under section 110-A of the Act has been filed by the respondents with the allegation in short, that Bus No. RRQ 6020 was going from Bhilwara to Deogarh on March 10, 1987, the deceased Nandlal was going on a bullock-cart, the driver of the bus suddenly stopped the bus and as a result thereof the pipes lying on the roof of the bus fell down on the deceased due to jerks of the bus, he received serious injuries and after some hours he died. Along with the claim petition, an application under section 92-A of the Act was moved. THE appellant filed its reply seriously opposing it. After hearing the parties, the Tribunal directed the appellant to make payment of Rs. 15,000/- to the claimants by its order under appeal. It has been contended by the learned counsel for the appellant that from the averments in the claim petition it cannot be said that the accident resulting in the death of the deceased Nandlal was caused by the said bus and as such the Motor Accident Claims Tribunal has got no jurisdiction to decide the matter. Section 92-A (1) of the Act runs as under : - "92-A. Liability to pay compensation in certain cases on the principle of no fault.- (1) Where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section. " The question for consideration is, whether the death of Nandlal has resulted from the accident arising out of the use of the bus No. RRQ 6020 or not. According to the claim petition, the pipes lying on the roof of the bus fell on account of the sudden stoppage of the bus and this occured while the bus was being used. The words "accident arising out of the use of a motor vehicle", are of very wide amplitude. It is not necessary that the motor vehicle should itself directly cause accident. If an accident occurs during the use of a motor vehicle it will fall within the provisions of sec. 92-A. Similar words have been used in sec. 110-A of the Act. It cannot, therefore, be said that the Motor Accident Claims Tribunal, Bhilwara has no jurisdiction to entertain the claim petition and to award compensation under section 92-A of the Act. Thus, there is no force in the appeal. Consequently, the appeal is summarily dismissed. .;