J. M. PANCHAL, M. S. PARIKH, KUNDAN SINGH, J.

( 1 ) THIS First Appeal has been placed before the Larger Bench in view of an order of reference made by the learned Single Judge on January 19, 1996. In order to understand the scope of the reference, it would be necessary to notice the facts of the case in brief which are as under : the appellant was travelling on June 15, 1986 in luxury bus bearing registration No. GRP-3586 and was going from Bombay to Junagadh. When the bus reached near Vadtal Chokdi on Ahmedabad-Bombay Highway, the bus driver noticed a truck lying in front of the bus. He, therefore, after giving signal, started overtaking the truck and at that time, a public carrier bearing registration No. GTW-4156 owned by the respondent no. 4 and driven by its driver came with full speed from opposite direction and dashed with the right hand side of the bus. As a result of the accident, the appellant was injured. Therefore, she filed a claim petition under section 110-A of the Motor Vehicles Act, 1939 before the Motor Accident Claims Tribunal (Auxi.), Nadiad, District : Kheda claiming compensation of Rs. 58,100. 00, against the bus driver and the bus owner as well as the United I

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