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2022 Supreme(Raj) 1066

ANOOP KUMAR DHAND
Ganesh Bairwa – Appellant
Versus
Ramphool Bairwa – Respondent


Advocates appeared:
Mr. Bhanu Prakash Verma, Advocate, for the Appellant
Mr. Vinod Tyagi, Advocate, for the Respondent.

JUDGMENT

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 dated 16.02.2018 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 & 460/2017 (Old 355/2016) New Mact Main 70/2018 by which the claim petitions filed under Section 163A of the Motor Vehicles Act, 1988 by the injured-claimnats- Ganesh Bairwa S/o Shri Ramphool Bairwa & Girraj S/o Shri Govind @ Jayram were partly allowed.

3. The issues in these appeals are 'Whether the amended Section 164 can be taken into account in the pending appeals against the claim petition filed under Section 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 Section 163(A) of the Motor Vehicles Act.

4. Counsel for the claimants-appellants further submitted tha

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