OM PRAKASH MISHRA Vs. NATIONAL FIRE AND GENERAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal arises out of a claim made by the appellant before the Motor vehicles Claims Tribunal, Jabalpur, on the allegation that there was a collision between his car (No. MPJ 9339) and the motor bus (No. MPJ 790) belonging to the respondent, No. 2, on 13-9-1959. It was alleged that the petitioner sustained bodily injury in the accident for which damages amounting to Rs. 10,200/- were claimed. It was also alleged that in the same accident, the petitioner's car was damaged and on account of the damage to his car, Rs. 6,000/- as damages were claimed.

(2.) THE Claims Tribunal held after hearing arguments that it had no jurisdiction to try the claim in respect of damage to the car and decided issue No. 10 (a) against the appellant. It is against this order that the present appeal has been filed.

(3.) BEFORE we heard arguments on merits, a preliminary point was raised on behalf of the respondents challenging the tenability of this appeal. The objection is based on the provision contained in Section 110-D of the Indian Motor Vehicles Act (hereinafter called the 'act') which reads as under:--