( 1 ) THIS order shall also govern the disposal of Misc. (F) Appeal No. 162 of 1965 D/17- 12-1968, Dr. Sarvar Hussain v. Auto Instalment Co. , Private Ltd. In both the cases a preliminary point has been raised to the effect that the appointment of the additional District Judge as a Motor Accident Claims Tribunal by official designation is invalid and, therefore, the Court below had no jurisdiction to try the case. In support of this, attention is invited to the observations of our brother, Naik J. In lucky Bharat Garage (Private) Ltd. , Raipur v. Smt. Shanti Devi, Civil Revn. No. 190 of 1966 D/- 27-9-1968 (MP ). It may be necessary to examine the reasoning of our learned brother.

( 2 ) THE following Notification was Issued:

"notification No. 3307/2/a-2, Bhopal, dated 25 May, 1965/ Motor vehicles Act, 1939, No. 4 of 1939. . . (VERNACULAR MATTER OMMITED ). . Previously appointment used to be made by name, but that practice was given up and the appointment by official designation came to be made.

( 3 ) OUR learned brother Naik J. felt that that Notification was in violation of Section 110 of the Act in so far as it permits a person to be a member of the Tribunal who may not fulfil the

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