By way of this Appeal, the appellant herein has challenged the judgment and award passed under Section 163/A of the Motor Vehicles Act, in MAC Petition No.1318 of 1997 by the MACT Tribunal at Ahmedabad, though the proceedings under Section 166 of the Motor Vehicles Act, are pending with the Tribunal.
Learned advocate for the appellant submitted that once the proceedings under Section 163-A of the Act is decided by the Tribunal, then there is no right of the claimant to file the proceedings under Section 166 of the Act.
Learned advocate for the respondent submitted that the claimant has right to file the said proceedings under Section 166 of the Act and the Tribunal may be directed to set off the compensation awarded under Section 163-A of the Act, while deciding the petition under Section 166 of the Motor Vehicles Act and the Tribunal may also be directed to decide the proceedings within short time.
In view of the above, the Tribunal is directed to decide the petition under Section 166 of the Act filed by the claimants within two years from the receipt of copy of this order and whatever amount is withdrawn by the claimant, will be set off and the withdrawn amount will not recovered from the claimants. The amount awarded by the Tribunal in MAC Petition No. 1318 of 1997 be considered and set off while deciding the petition under Section 166 of the Act.
In view of the above, the First Appeal is disposed of.
(K.S.
JHAVERI, J.) ynvyas Top