P.S.Mishra and B.N.Sinha JJ.

1. The petitioner, an Advocate of this court, has brought a voxpopuli alleging that the respondents have failed to establish Claims Tribunals as contemplated by Sec. 110 of the Motor Vehicles Act. Sec. 110 (1) of the Act states:

A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereinafter referred to as the Claims Tribunals) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both:

Provided that where such claim includes a claim for compensation in respect of damage to property exceeding rupees two thousand, the claimant may, at his option, refer the claim to a civil court for adjudication, and where a reference is so made, the Claims Tribunal shall have no jurisdiction to entertain any question relating to such claim.

By Act 47 of 1982, an explanation has been put as a part of the said provision stating:

For the removal of doubts, it is