GANESH BAIRWA Vs. RAMPHOOL BAIRWA

JUDGEMENT

(1.) Both the appeals arise out of a common judgment and award, hence, same are being decided together.

(2.) These appeals have been submitted against the judgment and award dtd. 16/2/2018 passed by the Court of learned Special Judge of Printing and Stationery Embezzlement Cases- cum- Motor Accident Claims Tribunal, Jaipur District-Jaipur in claim case Nos. 461/2017 (Old 356/2016) New Mact Main 71/2018 and 460/2017 (Old 355/2016) New Mact Main 70/2018 by which the claim petitions filed under Sec. 163A of the Motor Vehicles Act, 1988 by the injured-claimnats- Ganesh Bairwa S/o Shri Ramphool Bairwa and Girraj S/o Shri Govind @ Jayram were partly allowed.

(3.) The issues in these appeals are "Whether the amended Sec. 164 can be taken into account in the pending appeals against the claim petition filed under Sec. 163A of the Motor Vehicles Act, 1988 for deciding the quantum of compensation and whether the appeal is a continuous part of the claim proceedings?" Counsel for the claimants-appellants submitted that the claim petitions were submitted by the claimants-appellants under Sec. 163(A) of the Motor Vehicles Act.