FA/4064/1999 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 4064 of 1999 with CROSS OBJECTION NO. 77 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= = NEW INDIA ASSURANCE CO LTD Versus KANTILAL DAYARAM TAHCKER F/O MANISH KANTILAL THACKER AND OTHERS ========================================= =Appearance : (MR PV NANAVATI) for Appellant(s) : 1,MR VIBHUTI NANAVATI for Appellant(s) : 1, MR MEHUL S SHAH for Defendant(s) : 1 - 2, 4, MR SURESH M SHAH for Defendant(s) : 1 - 2, 4, NOTICE SERVED for Defendant(s) : 3, MR AJ SHASTRI for Defendant(s) : 5, RULE SERVED for Defendant(s) : 6 - 8. ========================================= = CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 28/08/2008 FA/4064/1999 2/3 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) Heard the learned counsel for the parties. During the interregnum, due to uncertain law, both the applications under Sections 163-A and 166 of the Motor Vehicles Act were in currency. But, now the law having been settled, the application under 163A is sought to be pursued and application under 166 is sought to be withdrawn and an application to that effect has already been filed by the claimants before the Trial Court. In that view of the matter, the Trial Court will examine the matter and pass necessary order as to under which application, the claimants want to proceed and in that view of the matter, the present proceedings do not survive. Accordingly, the First Appeal is disposed of with direction to the Tribunal to dispose of the application as chosen by the claimants to be pursued. ORDER IN CROSS-OBJECTION NO.77 OF 2008: In view of the judgment and order passed in First Appeal No.4064 of 1999, the Cross- objection does not survive and is accordingly disposed of. (BHAGWATI PRASAD, J.) FA/4064/1999 3/3 JUDGMENT (S.R.BRAHMBHATT, J.) omkar