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Bhuj

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Motor Vehicles Act, 1988 – ss. 163A and 166 – Proceedings both u/ss. 163A and 166 – Permissibility of – Motor accident resulting in death of a person – Application u/s.166 by legal heirs of the deceased – Subsequent application u/s. 163A claiming no-fault compensation – Application u/s. 163A partly allowed by the Tribunal – Thereafter, Tribunal permitting the claimants to proceed with the application filed u/s. 166 – Order of the Tribunal upheld by High Court – =On appeal, held: Claimant must opt/elect to go either for a proceeding u/s. 163A or u/s. 166 but not under both – Claimants having obtained compensation, finally determined u/s. 163A were precluded from proceeding further with the petition filed u/s. 166 – Thus, order of the Tribunal permitting the claimants to proceed further with the petition filed u/s. 166 as upheld by the High Court, not sustainable and is set aside. Deepali Girishbhai Soni and Ors. vs. United India Insurance Co. Ltd. Board (2004) 5 SCC 385 – relied on. Oriental Insurance Co. Ltd. vs. Hansrajbhai V. Kodala and Ors. (2001) 5 SCC 175 – referred to. Case Law Reference: 1993 (3) SCC 634 Referred to. Para 5 (2004) 5 SCC 385 Relied on. Para 13 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 682 of 2011. From the Judgment & Order dated 15.01.2010 of the High Court of Gujarat at Ahmedabad in Special Civil Application No. 9400 of 2006. M.K. Dua for the Appellant. Brajesh Kumar for the Respondents.

REPORTABLE IN THE SURPEME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 682 OF 2011 (@ SLP (C) No.12743/2010) ORIENTAL INSURANCE CO.LTD. Appellant(s) VERSUS DHANBAI KANJI GADHVI & ORS. Respondent(s) O R D E R Leave granted. This appeal is directed against the judgment dated 15.1.2010 rendered by the learned Single Judge of the … Continue reading

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