The main legal point established in the judgment is the interpretation of the scope and power of the Motor Accident Claims Tribunal under section 110 of the Motor Vehicles Act, and the definition of the expression 'damages to property'.

This appeal has been filed by the State of Assam against the award dated 9.12.82 passed by the Member, Motor Accident Claims Tribunal, Goalpara in M.A.C. Case No. 7/79.

2. The facts of the case are as follows. The respondent, Shri Sunil Kumar Dey, filed a claim petition before the Motor Accident Claims Tribunal, Goalpara at Dfaubri (hereinafter referred to as 'the Tribunal') stating that on 31.1.79 at about 04.30 P.M. the fire brigade vehicle No. AMA 2299 came rashly and negligently and after knocking down a cyclist damaged his shop house, furnit­ure, valuable commodities and some motor parts. A sum of Rs. 55,750/- was claimed by way of damages to the property on various counts, as given in the claim petition. A number of issues were framed. One of the issues was whether the claim petition was maintainable. This issue was framed on the basis of the objection taken by the State of Assam that the Tribunal had no jurisdiction to entertain a claim in respect of damage to property and that its jurisdiction was confined only to claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of the motor vehicles. The amount of claim was also challenged on the ground that it was excessive as well as on the ground that it included claim which does not fall within the expression damage to property and, as such, in any event that part, of the claim was not allowable. An issue was also framed whether the driver of the offending vehicle was rash and negligent in driving causing accident as alleged in the petition.

3. The learned Tribunal held the claim to be maintainable. It also arrived at a finding that the driver was driving the vehicle rashly and negligently. So far as the amount of damage is concerned, as against the claim of Rs 55,750/- the Tribunal awarded a sum of Rs. 34,000/- only. This amount comprised of the following s Rs.: 8,850/- on account of damage to the shop house; Rs.6,900/- on account of damage to furniture; Rs.4,500/- on account of damage to merchandise; Rs.l000/- for mental suffering; Rs.750/- for incidental expenses arid Rs.12,000/- on account of loss of business during the period of three years. Aggrieved by the aforesaid award the State has come up in appeal.

4. Mr. B.P. Bora, learned counsel for the appellant, State of Assam, has challenged the award mainly on two counts. First, that the learned Tribunal has no jurisdiction to entertain the claim on account of damage to property. According to the learned counsel the claim for damage to property can be entertained only in case of an accident where death of, or bodily injury to, persons was caused. In other words, his submission is that the claim for damage to property simpliciter without any claim for death or bodily injury, is outside the scope and purview of section 110 of the Motor Vehicles Act, shortly 'the Act, and as such, the present claim was not maintainable. He had challenged the award of Rs. 12,000/- on account of loss of income.

5. I have considered the submissions of the learned counsel for the appellant. Also heard Mr. S.A. Laskar learned counsel for the claimant-respondent. Let me deal with the first submission of the learned counsel for the appellant relating to the maintainability of the claim petition. Admittedly, in the instant case the claim related only to damage to property. There was no death of, or bodily injury to, any person as a result of the accident. The question for determination is whether such claim falls under section 110 of the Act. To appreciate the point at issue it is necessary to refer to sub-section (1) of section 110 of the Act which reads as follows :

"110. Claims Tribunals.-(1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereinafter referred to as Claims Tribunals) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of

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