1. These appeal are preferred against the judgment and award dated 24.11.2003 passed by the Motor Accident Claims Tribunal, Nadiad in M.A.C.P. No. 82 of 2000 and in M.A.C.P. No. 81 of 2000, whereby the said claim petitions were rejected.
2. The original claimants have filed application being M.A.C.P. No. 82 of 2000 under Section 163A of the Motor Vehicles Act, on account of the death of one Chimanbhai Vasava that occurred on 18.03.1991 and an application being M.A.C.P. No. 81 of 2000 on account of death of one Imtiyaz Malek, that occurred on 31.03.1990, wherein the said applications were rejected, which are under challenge in these appeals.
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 appeals. It is however, observed that if an application is preferred by the claimants under Section 166 of the Motor Vehicles Act, the Tribunal concerned shall consider the same in accordance with law.
4. For the foregoing reasons, the appeals are dismissed. No order as to costs.
[K.S.
JHAVERI, J.] /phalguni/ Top