JUDGMENT:

JUDGMENT

with C.A. No. 3127 of 2002, R.P. (C) No. 160 of 2002 in C.A. No. 2573 of 2001, R.P. (C) No. 161 of 2002 in C.A. No. 2572 of 2001 and C.A. No.1680/2004 (arising out of S.L.P. (C) No. 708 of 2003)

S.B. SINHA, J :

Leave granted in S.L.P. (C) No. 708 of 2003.

Reference to this Bench :

A Division Bench of this Court by an order dated 19.04.2002 doubting the correctness of 2-Judge Bench decision in Oriental Insurance Co. Ltd. Vs. Hansrajbhai V. Kodala and Others [(2001) 5 SCC 175] (Kodala) has referred the matter to a 3-Judge Bench whereby and whereunder the proceedings under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to and called for the sake of brevity as "the Act") has been held to be a final proceeding as a result whereof the claimants had been debarred from proceeding with their further claims made on the basis of fault liability in terms of Section 165 thereof.

Subject matter :

The appeals arise out of judgment and order dated 9.11.2000 passed by the High Court of Gujarat at Ahmedabad in First Appeal No. 2272 of 2000 whereby and whereunder the claims of the appellants have been calculated limiting the income of the deceased at Rs.40,000/- per a