( 1 ) THESE connected Civil Revisions have come before us upon reference made by a learned single Judge. The revisions are directed against identical orders passed by the Motor Accidents claims Tribunal, Allahabad, disposing of certain preliminary issues. The main question which was debated before us was with regard to the decision of the court below on the issue whether a claims Tribunal exercising powers under Section 110 of the Motor Vehicles Act (hereinafter referred to as the Act) has jurisdiction to entertain a claim against the Railway. The contention raised by the Union of India (the applicant herein) through the General Manager, Northern railway was that the claims in question -- all of which arise out of the same accident involving a tempo-Taxi and the Allahabad-Saharanpur Passenger train -- are not maintainable against the railway as under the Act a decree can be passed only against the insurer or owner or driver of the motor vehicle involved in the accident. It cannot be passed against any one else.

( 2 ) BEFORE we set out the rival contentions and deal with them we may briefly set out the relevant facts. The various claimants were travelling by a Tempo-