( 1 ) KEEPING in mind the importance of various questions arising regarding the scope and applicability of S. 163-A which was inserted by the Parliament in the Motor Vehicles Act, 1988 (for short 'the 1988 Act') by Motor Vehicles (Amendment) Act, 1994 (Act No. 54/1994) (hereinafter referred to as 'the Amending Act') the Division Bench on 3rd of March, 2000 after formulating certain questions of law which were likely to arise and affect a large number of appeals or proceedings pending before this Court requested Hon'ble the Chief Justice to constitute a larger Bench to lay down law for its uniform applicability in the State of Karnataka and to avoid difference of opinion amongst various Benches.

( 2 ) FACTS :on 28-3-1987, one Pradeep Wadi and his younger brother Praveen Kumar Wadi were proceeding on Hero Honda motor cycle bearing registration No. CAX 9954. Praveen Kumar Wadi was driving the motor cycle and Pradeep Wadi was the pillion rider. They were proceeding from Bangalore to Tiptur. At about 8 p. m. when the motor cycle reached Manchakalkuppe, which is at a distance of 5 miles from Tumkur, a KSRTC Bus bearing registration No. MIE 9749 was found stationed on the le