( 1 ) IN this appeal a short but an interesting question regarding jurisdiction of the Motor Accident Claims Tribunal constituted under sec. 110 (1) of the Motor Vehicles Act 1939 to adjudicate the claim for compensation filed against persons other than the driver owner and insurer of the offending Motor Vehicle involved in the accident falls for determination.

( 2 ) A few facts leading to this appeal can profitably be looked at at the outset. In a vehicular accident that took place on 4 1974 a bus belonging to the appellant S. T. Corporation driven by its driver- respondent No. 2 met with an accident at the railway level crossing at village Kakosi between Sidhpur and Methan in Mehsana district. When the S. T. bus was approaching the railway level crossing gates on either side were found open and hence the bus proceeded ahead. At that time a railway engine was being driven by its driver one Kadar Ismail. It was proceeding from Patan side towards village Kakosi Water tanker and a break-van were attached to that engine. There was a collision between the said engine and the aforesaid S. T. bus on the level crossing itself. Result was that the bus was dragged by the s