( 1 ) THE appellant had filed an application before the Motor Accidents Claims tribunal, Jabalpur, claiming Rs. 6,000/- for damages to his car and Rs. 10,200/for personal injuries. The Tribunal passed an order on 6-5-1961 holding that it had no jurisdiction to entertain the claim. This appeal is filed against that order.

( 2 ) THE Tribunal was constituted by a Notification, dated 7-8-1959, which was published in the Madhya Pradesh Gazette on 18-9-1959. The accident in question took place on 13-9-1959, that is, between these two dates. in Kumari Sushma mehta v. C. P. T. Services, Misc. First Appeal No. 58 of 1961. (AIR 1964 Madh-Pra 133) we have held that the Tribunal should be deemed to have been constituted on the date on which the notification was published in the Gazette. Accordingly, the accident took place before the constitution of the Tribunal. We have further, held in that case that in those cases where the cause of action for compensation arose prior to the constitution of the Tribunal, the party injured has the remedy of filing a suit and there is no jurisdiction in the Tribunal to entertain an application for granting compensation in accordance with Secti