ESHWARAPPA Vs. ANWARI KHANAM,

JUDGEMENT

(1.) THOUGH matters are listed for orders, with the consent of learned counsel for parties, they are taken up for final disposal.

(2.) THE legal representatives of deceased Fazil Pasha have filed claim petition under section 163A of Motor Vehicles Act, 1988 (for short, 'the Act'). Another injured person namely one Mahesha had filed MVC No. 4659/2007 under section 166 of the Act. The Tribunal without bearing in mind the distinction between claim petitions filed under section 163A and section 166 of the Act, clubbed both cases and framed common issues in relation to proof of negligence.

(3.) THE view taken by the Supreme Court in the aforestated decision has been agreed by the Supreme Court in the decision reported in : 2012 ACJ 1305 (in the case of Surender Kumar Arora & another Vs. Dr. Manoj Bisla & others).