1. This appeal has been preferred against the judgment and award dated 04.02.2004 passed by the Motor Accident Claims Tribunal, Ahmedabad City in M.A.C.P. No. 33 of 2002, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.5,38.400/ along with proportionate costs and interest @ 9% per annum from the date of the application till its realization.
2. The facts in brief are that on 29.08.1990, while the claimant who was driving the truck bearing registration no. GJ 1T7154, insured with the appellant Insurance Company, when he was passing from Ankleshwar GIDC, the goods loaded in the truck got entangled with the electric wire and in order to disentangle the electric wire, he sustained bodily injuries. Later on, the claimant filed application under Section 163A of the Motor Vehicles Act, which came to be partly allowed, by way of the impugned award, which is under challenge in this appeal.
3. Heard learned counsel for the respective parties. From the record it appears that the accident in question had taken place prior to the amendment which came into force with effect from 14.11.1994. Hence, the view taken by the Tribunal is just and proper. I am in complete agreement with the reasonings given by and the conclusion arrived at by the Tribunal and hence, I find no reasons to entertain the present appeal. It is however, observed that if an application is preferred by either of the parties under Section 166 of the Motor Vehicles Act, the Tribunal concerned shall consider the same in accordance with law. The amount in question deposited with the Tribunal shall be refunded to the appellant Insurance Company.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K.S. JHAVERI, J.] /phalguni/