Dhirendra Mishra, J.

1. The appellant-non-applicant No. 1, Khitti Sahu has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988, against the order dated 1.8.1998 passed by Additional Motor Accidents Claims Tribunal, Mahasamund in Claim Case No. 10 of 1996 whereby the learned Tribunal while deciding preliminary issue No. 7 regarding maintainability of the claim petition before the Claims Tribunal has held that the claim petition was maintainable.

2. That respondent No. 1 herein had filed a claim case under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 5,00,000 on the pleading that he was working as a tractor mechanic in the shop of appellant herein where respondent No. 2 herein brought his tractor-trolley for being repaired and while respondent No. 1 herein was fitting the bearing in the wheel of the tractor by removing the same and the tractor was standing over the jack, all of a sudden the tractor slipped from the jack and the tractor-trolley fell on the respondent No. 1 as a result of which he sustained serious injuries on the backbone. It was claimed by respondent No. 1-applicant that he was working under the directions of the appell