1. The short question which falls for determination in this appeal is : Whether a person who has sustained bodily injuries in a motor vehicle accident can claim compensation for property damaged in the accident which is not owned by him ?

2. The appellant was driving a tempo, which according to him, was owned by another person, when he met with an accident caused by respondent No. 1, who was driving a bus belonging to the Govt. Transport Undertaking, resulting in injuries not only to his person but also in damage to the tempo. He, however, made an application u/s 110-A of the Motor Vehicles Act, 1939 (hereinafter the Act) claiming compensation not only for the injuries suffered by him, but also for the damage caused to the tempo driven by him. An objection was taken on behalf of the respondents that the appellant not being the owner of the vehicle had no right to claim compensation for the damage caused to the tempo u/s 110-A read with Section 110 of the Act. This objection weighed with the tribunal which upheld the same while relying upon two decisions viz : Om Parkash Vs. N.F. & G. Insurance Co., AIR 1962 M.P. 19 and Farsubhai Vs. Dullabhbhai AIR 1972 Gujrat 245. Hence the appeal.

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