( 1 ) THIS is an application under Articles 226 and 277 of the Constitution of India for the issue of a suitable direction restraining the Claims Tribunal constituted under Section 110 of the Motor Vehicles Act, 1939, from adjudicating upon a claim for compensation made by the opponent No. 1 Abdul Qadir in respect of a bodily injury caused to him by a truck owned by the petitioner and driven by the opponent No. 2 Lachhmandas on 24th August 1958.

( 2 ) THE accident occurred on 24th August 1958 in Bhopal. The State Government constituted a tribunal for this area under Section 110 of the Act by the Home Department's Notification dated the 7th August 1959. The Tribunal was not in existence before this date. Before the constitution of the Tribunal, the opponent Abdul Qadir made an application on 20th August 1959 in the Court of the Additional District Judge Bhopal, for being allowed to sue as a pauper for claiming the relief of compensation of Rs. 41,080/- on account of the injury caused to him from the petitioner and the opponent Lachhmandas. During the pendency of an enquiry into his pauperism, Abdul Qadir preferred a claim for compensation before the Tribunal on 10th Sep