Sathiadev, J.

1. The point involved in this revision petition is whether the suit filed in Sub-Court, Vellore, for recovery of a sum of Rs. 35,000 by way of damages suffered by plaintiffs jeep bearing Registration No. TNJ 1470 in a collision with the lorry bearing Registration No. MDT 4606 belonging to defendants 1 and 2, is maintainable?

2. It is claimed that, at about 11.15 a.m. on 29.12.1979, when the jeep was passing through the Palar Bridge near Vellore, the lorry was coming in the opposite direction and as it was being driven rashly and negligently, it collided with the jeep and ran over a man and killed him. A sum of Rs. 35,000 had to be spent to put the vehicle back on the road. Therefore, this suit had been filed. Apart from the other defences taken, one of the points taken was that, the claim for damages to the vehicle is no longer maintainable in a Civil Court, because of proviso to Section 110A (1) and 110F of the Motor Vehicles Act. The trial Court held that the plaintiff having exercised the option to seek for remedy before a Civil Court, it had the jurisdiction to try the suit and posted it for trial of other issues. It is against the finding on this preliminary i