Order

REPORTABLE 07/10/2024

1. The present appeal has been preferred against the impugned judgment and award dated 22.11.2023 passed by Motor Accident Claims Tribunal, Bikaner in MAC Case No.219/2022 (CIS No.219/2022) whereby the claim petition as preferred under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) was allowed and a sum of Rs.5,00,000/- with interest @ 9% per annum had been awarded in favour of the claimants.

2. At this stage itself, it is relevant to note that although the claim petition was preferred by the claimants in terms of Section 163-A of the Act (as it then existed), the learned Tribunal proceeded on to decide the same in terms of the amended provision of Section 164 of the Act on the premise that the Motor Vehicles (Amendment) Act, 2019 (hereinafter referred to as ‘the Act of 2019’) had come into effect from 01.09.2019 and hence, the present appeal would be governed by the amended provision.

3. Admittedly, the vehicle in question was driven by deceased Prem Singh who was found to be negligent in the police investigation but because of his death, a final report was filed.

4. Mr.Vishal Singhal, learned counsel for the appellant I