K. J. VAIDYA, S. B. MAJMUDAR, J.

( 1 ) TWO important questions of law arising for our consideration in this petition are as under : (I) Whether Rule 233 of the Gujarat Motor Vehicles Rules 1989 is ultra vires Sec. 174 of the Motor Vehicles Act 1988 ? (ii) Whether the Motor Accident Claims Tribunal constituted under the provisions of the Motor Vehicles Act (of 1939 or 1988 of the case may be) has got powers under the Code of Civil Procedure 1908 for enforcement and execution of its award i. e. whether which Claims Tribunal can be called or equated with Court and can execute an award like a decree ?. . . . . . . . .

( 2 ) NOW in order to answer the aforesaid two question it is necessary first of all to have a look at the facts of the case and then to closely examine and scan the relevant scheme and provisions of the raid Motor Vehicles Act and Rules made thereunder2. 1 Facts One Bhartiben Dilipbhai Kothari (for short respondent- claimant) had submitted an application for compensation under Sec. 110 of the Motor Vehicles Act 1939 same being M. A. C. Petition No. 283 of 1988 before the Motor Accident Claims Tribunal-IV (Main) Ahmedabad against three opponents (i) Kalpesh Khodidas Patel

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