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Judgment
Feeling aggrieved and dissatisfied with the impugned order passed by the learned Motor Accident Claims Tribunal, Kutch (hereinafter referred to as "Tribunal") by which in an application under Section 163? A of the Motor Vehicles Act, 1988 (hereinafter referred to as "MV Act") the learned Tribunal has awarded a total sum of Rs.4,09,500/? with running interest at the rate of 12% from the date of application till
realization, towards compensation for death of one Jemal Haja Harijan, the insurance company has preferred the present First Appeal.
Ms. Bhaya, learned Counsel appearing on behalf of the appellant - insurance company has submitted that as such at the relevant time the First Appeal was preferred challenging the impugned order and the appellant - insurance company apprehended that subsequently the original claimants may prefer the application for compensation under Section 166 of the MV Act.
Today, when the present First Appeal is taken up for further / final hearing, Shri Vishal Mehta, learned Advocate appearing on behalf of the original claimants has stated at the Bar under the written instruction from the original claimants, which is directed to be taken on record, that as such to the best of his information and knowledge the original claimants have not preferred any application under Section 166 of the MV Act. He has also stated at the Bar that even if any application is pending, the original claimants are not desirous to proceed further with the same. He has also stated at the Bar that the impugned order passed by the learned Tribunal awarding compensation of Rs.4,09,500/? in an application under Section 163?A of the MV Act be treated as final.
In view of the above stand taken by the original claimants, Ms. Bhaya, learned Counsel appearing on behalf of the insurance company has requested to dispose of the present First Appeal in terms of the above.
In view of the above stand taken by the original claimants reflected in the statement of Shri Vishal Mehta, learned Advocate appearing on behalf of the original claimants, present First Appeal stands disposed of by observing that the amount awarded by the learned
Tribunal by impugned order be treated as final so far as the compensation under the MV Act for the death of deceased Jemal Haja Harijan is concerned. The original claimants are directed to act as per the statement made by Shri Vishal Mehta, learned advocate appearing on behalf of the original claimants on the basis of the written statement made by the original claimants, which is directed to be taken on record, recorded hereinabove that they are not desirous of submitting any application for compensation under Section 166 of the MV Act and that even if any application under Section 166 of the MV Act is preferred and/or pending the original claimants shall not proceed further with the same.
With the aforesaid, present First Appeal stands disposed of.