A.N.Grover, J.

1. This judgment will dispose of First Appeal from Orders Nos. 129 of 1961 and 163 of 1961 which have been referred by a learned Single Judge for decision by a Division Bench in view of the nature of the points involved.

2. On 27th November 1958 Kartar Singh who was returning from his office at Jullundur to his village Nangal Shama on the Jullundur-Hoshiarpur Road was struck down by a truck No. PNE-1478 while he had got down from his bicycle and was standing on the kutcha portion of the road. He received several injuries and later on filed an application on 13th May 1959 under S. 110-A of the Motor Vehicles Act 1939 (hereinafter to be called the Act ) before a Tribunal which was constituted for the first time by a notification dated 13th March 1959 with effect from 10th February 1959. The question of jurisdiction of the Tribunal to entertain and decide that application apart from other matters was raised by the appellant-company which happened to be the insurer of the truck which caused the accident. According to the company the Tribunal had not been constituted when the accident took place and therefore the remedy of the injured person was to file a suit wit