1. - Challenging the judgment of the learned Single Judge affirming the award passed by the Motor Accident Claims Tribunal, Merta, it is contended by the learned counsel that as per the definition of 'Motor Vehicle' under Section 2(28) of the Motor Vehicle Act, 1988. Motor Vehicle means any 3 mechanically propelled vehicle, adopted for use upon road.... but it does not include vehicles running upon fixed rails. It is submitted that as per the said definition, locomotive with which the truck collided, does not fall within the definition of Motor Vehicle in question and, therefore, no liability can be foisted upon the Union of India or the Railway Administration. The issue has 10 been answered by the decision of the Apex Court in Union of India v. United India Insurance Company Limited, reported in (1997) 8 SCC 683 , reaffirmed in General Manager, N.F. Railway, Malegaon, Guwahati v. Jitendra Shah and Others, reported in (2000) 9 SCC 58 : 2000 WLC (SC) Civil 134 and Union of India v. Bhagwati Prasad, reported in AIR 2002 SC 1301 : 2002 WLC (SC) Civil 374 . In view of the settled position of law, the subject appeal is not considered worth admission. However, it is consider