1.0 Both the above appeals are directed against the judgement and award dated 25.01.2001 passed by the learned Motor Accident Claims Tribunal (Aux.I), BhujKutch in M.A.C.P. No. 483 of 1997 whereby the Tribunal has allowed the said application and awarded a sum of Rs.3,57,500/ along with interest at the rate of 12% per annum from the date of application till realization. Both the Insurance Companies i.e The Oriental Insurance Co. and the New India Assurance Co. Ltd. were held liable to make the payment.
2.0 On 22.05.1997 one Mulji alias Babu Petha Myatra was returning from Bharatpur to Gandhidham in Tanker bearing No.GJ12 T 85868 after unloading diesel. He was Cleaner of the said Tanker. At that time Truck bearing No.HR38 9645 came from opposite direction and dashed with the tanker. Mulji sustained serious injuries and died on the spot. His legal heirs filed the aforesaid claim petition wherein the aforesaid award came to be filed.
3.0 Both the appeals have been filed on the ground that the claimants had already filed motor accident claim petition under Section 166 of the Act and therefore the applications under Section 163A of the Act was not maintainable.
4.0 However, at this stage learned Advocate for the respondents claimants submitted that the application under Section 163A may be treated as final and that the claimants will not proceed with the claim petition under section 166 of the Act.
5.0 In view of the above statement the contention raised in the present appeals would not survive as the only ground urged is with regard to filing of application under Section 166 of the Act. No other contention is raised with regard to quantum of compensation. It is therefore, directed that the application under Section 163A of the Act shall be treated as final and the claimants shall not proceed with claim application under Section 166 of the Act and shall get the same disposed of accordingly. It is made clear that both the insurance companies in the present appeals are liable to make payment in question. With this direction both the appeals are disposed of.
(K.S.JHAVERI, J.) niru*