The expression "injury" in unamended Section 110-A of the Motor Vehicles Act, 1988, does not include damages to property.

( 1 ) THIS an appeal under Sec. 110-D of the Motor vehicles Act, is at the instance of the petitioner-claimant. The petitioner filed a petition under Section 110-A of the MOTOR VEHICLES ACT, 1988. for award of compensation of Rs. 8,200/- with interest from the date of accident for the damages caused to the shop of the petitioner in a bus accident. The petitioner is the proprietor of cloth shop at Razole. On 31-1-1977 a bus belonging to A. P. S. R. T. C. ran into his shop and destroyed his show-case and furniture. As the bus approached the shop of the petitioner which was in the main road Razole it is being driven rashly and negligently by the 2nd respondent and enteted into the petitioner s shop the front portion of the shop was damaged and a tailor received minor injuries. Because of the impact of the bus show cases, an almyrah, lights, a sewing machine, a cycle a table fan and other articles worth Rs. 3200/-were destroyed The petitioner suffered shock and he was unable to carry on his business for some time and thereby the business turnover in his shop suffered considerably. The estimate of loss in business is made at Rs. 4,000/-and for mental shock the claim of Rs. 1000/-is claimed. The 1st respondent Opposed the claim by stating that the bus was not driven rashly or negligently by the 2nd respondent driver but the accident occured due to a cyclist and another person going on a motor cycle, suddenly crossing the road. The bus was then going at a speed at 15 KM per hour and suddenly a cyclist came in front of the bus carrying another person on the carrier of the cycle at the same time another person riding a motor cycle, also carrying one more person on its saddle came in the opposite direction on the right side. The motor cyclist crossed the road to the other side and so the driver of the bus had to swerve it to the right side and as the brakes failed the accident occurred The bus did not crash into the shop and no damage was caused to the property. But for the failure of the brakes the accident would not have accured The petitioner did not suffer any loss or damage or mental shock and the claim deserves to be rejected. The 2nd respondent in a separate counter denied the allegation of rash and negligent driving. It is also denied that the bus dashed against the shop and the petitioner or anybody else sustained injuries in the alleged accident. The issues were framed regarding the rash and negligent driving by the 2nd respondent and the quantum of compensation payable The court below held that there is no satisfactory and clinching proof of the bus having been driven by the 2nd respondent rashly and negligently but some damage appears to have been caused by the dashing of the bus against the shop In so far as quantum of damages the court below held that the petitioner is not entitled to award of any compensation in consequence of the accident in question

( 2 ) THE learned counsel for the appellant contended that admittedly the bus hit against the shop and in view of the damage caused to the shop the court below should have awarded damages as claimed by the petitioner the learned cousel for the respondent at the outset raised a preliminary objection that this claim for damage of the property is not maintainable as the accident occurved on 31-1-1977 and claim petition was filed on 11-7-1977 prior to the amendment made to Sec. 110-A of the MOTOR VEHICLES ACT, 1988 by in serting clause (aa) providing for award of damages to the owner of the property and in any event the petitioner is not entitled to the award of any compensation in the circumstances. To appreciate the preliminary objection raised by, the learrned counsel for the respondent it is necessary to get at sec. 110 and 110-A of the MOTOR VEHICLES ACT, 1988, to the extent relevant. "110. Claims Tribunals:- (1) A State Government may by notification in the Official Gazette, constitute one or more Motor Accidents Claims tribunals (hereinafter referred to as Clai