Mr. Justice K.D. Shahi, Chairman—This is an appeal by the Insurance Company against the order dated 13.2.1995 passed by District Forum, Pauri-Garhwal by which the claim of the petitioner for recovery of Rs. 85,000/- along with interest was allowed.

2. The brief facts of the case are that Shri Mahavir Singh was travelling in the bus No. U.T.S. 1322 which was insured with the Insurance Company. Out of accident, the deceased suffered injuries and died. The claimants have filed a claim petition before Motor Accident Tribunal which was dismissed on limitation ground. Then she filed the case in the Consumer Forum.

3. The deceased had suffered injuries. This is not a claim by the owner of the vehicle for the damage of the vehicle. The case like this, shall squarely lie under the Motor Vehicles Act and not before the Consumer Forum. Consumer Forum has absolutely got no jurisdiction in motor accident for third parties. It has been specifically held in the ruling reported in I (1995) CPJ 3 (SC)=AIR 1995 Supreme Court 1384, Chairman, Thiruvalluvar Transport Corporation v. Consumer Protection Council :

“Claim for compensation arising out of use of motor vehicle cannot be adjudicated by the N