( 1 ) THE short question that arises for determination in this Revision Application is whether the civil Court has jurisdiction to entertain an action instituted by a plaintiff who has not suffered bodily injury as a result of an accident arising out of the use of a motor vehicle but whose property is damaged as a result of the accident. The facts giving rise to the Revision Application are few and may be briefly stated as follows.

( 2 ) THE plaintiff is the owner of a Scooter bearing No. M. R. A. 1305. On 26th April 1967 the Scooter was being driven by a friend of the plaintiff named Kevalbhai Bhagwandas Parmar and there was also one other person sitting behind Kevalbhai Bhagwandas Parmar on the pillion of the scooter. Whilst the scooter was being driven by Kevalbhai Bhagwandas Parmar one motor truck bearing No. G. T. A. 527 collided with it and considerable damage was caused to the scooter as a result of the accident. Kevalbhai Bhagwandas Parmar and the person sitting behind him also received bodily injuries and for claiming compensation for such bodily injuries they filed an application under sec. 110a of the Motor Vehicles Act 1939 The plaintiff taking the vie