AVNEESH JHINGAN, J.

1. The grievance in the present appeal is against the dismissal of MACT Petition No. 13 of 11.3.2014 passed by the Motor Accidents Claims Tribunal, Gurgaon (for short 'the Tribunal').

2. In the alleged motor vehicular accident, which occurred on 16.11.2013, Ajay Kumar s/o Jeet Singh, lost his life. He was driving his motor cycle bearing registration No.HR-26-AM-1286 which was hit by the offending vehicle bearing registration No.HR-47-B-3243

3. The claim petition under section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') was filed by the claimants.

4. The legal position with regard to claim petition filed under Section 166 of the Act has been duly settled by Hon'ble the Apex Court in

5. Hon'ble the Apex Court in Reshma Kumari and others Versus Madan Mohan and another, 2013 (9) SCC 65, held as under:

''10. The 1988 Act gives choice to the claimants to seek compensation on structured formula basis as provided in Section 163A or make an application for compensation arising out of an accident of the nature specified in sub-section (1) of Section 165 under Section 166. The claimants have to elect one of the two remedies provided in Section 163A and Se