( 1. ) THIS appeal has been filed against an order passed by the Motor accidents Claims Tribunal, Indore, dismissing the appellants application for compensation under section 110a of the Motor Vehicles Act, 1939, on the preliminary ground that it being a petition against the Union of India a notice under section 80, Civil Procedure Code was necessary which was not given in the case.

( 2. ) THE facts giving rise to this appeal are that the applicants daughter rampyari Bai aged about 12 years, was injured on 22nd November 1966 as a result of an accident by Motor Vehicle No. DD-4083 driven by a driver in the defence Services because the vehicle belonged to the Defence Services of the government of India. As a consequence, the applicant, who is the father of the deceased Rampyari Bai submitted an application under section 110a of the Motor Vehicles Act for grant of compensation on the allegation that the driver of the vehicle was driving the vehicle rashly and negligently. Amongst other grounds of defence, a plea was raised before the Tribunal that the claim being against the Union of India, a notice under section 80, Civil Procedure code was necessary and that as admittedly n