R.C. Lahoti, J.

1. A learned single Judge of this Court while hearing an appeal under Section 110-D of the Motor Vehicles Act, 1939 has framed the following question of law and referred the same for the opinion of the Division Bench:

Whether a claim for compensation simpliciter for damage caused to property, preferred by a third party, in all circumstances, can be tried by a Motor Accidents Claims Tribunal in respect of an accident where claim is preferred or preferable also for bodily injury suffered or for death?

2. A car No. CPH 87 met with an accident on 7.7.1981 having been hit by another car registered as MPW 9669 approaching from the other side. The occupants of the car got injured. The car was also damaged. On 20.8.1981 a joint claim petition was preferred which included the claim for compensation for bodily injuries sustained by the occupants of the car as also for damage to the car. However, as a measure of abundant caution, to avoid any legal objection in future, a separate claim was preferred by the owner-claimant P.N. Vijaiwargiya claiming compensation for damages suffered only by the car in the accident to the tune of Rs. 16,000. This P.N. Vijaiwargiya is undispu