SHYLENDRA KUMAR, J.

( 1 ) THIS appeal under section 173 of the Motor Vehicles act is against the judgment and award of the Motor Accidents Claims Tribunal, dharwad, awarding a sum of Rs. 2,00,000 as compensation to the parents of one yallappa Angadi who died in the accident involving two motor vehicles.

( 2 ) THE application had been characterised as one under section 163-A read with section 166 of the Motor Vehicles Act.

( 3 ) THE application had been examined by the Tribunal as one under section 166 as is obvious on a perusal of the judgment and award. The trial court had in fact framed an issue relating to the negligence aspect on the part of the driver of the truck bearing No. KA 25-4107 and answered this issue positively. The Claims Tribunal then proceeded to quantify the quantum of compensation payable to the claimants. On applying the principles governing an application of this nature, the Tribunal held that the driver of the truck bearing no. KA 25-4107 was liable to pay the compensation amount.

( 4 ) MR. Lokesh Malavalli, the learned counsel for the appellants submits that the tribunal ought to have considered application under section 163-A and it is the submission of the

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