Sukh Ram Vs. State of Rajasthan

colonization - consideration of applications for allotment--held, application of d's son also be considered along with connected appeals in light of decision of this court in om prakash and ors. v. state of rajasthan decided on 28-2-85.;order accordingly - motor vehicles act, 1988 [c.a. no. 59/1988]sections 163-a & 166; [r.m. lodha, shiv kumar sharma & ashok parihar, jj] award passed by tribunal under section 163-a nature of held, the award passed by tribunal under section 163-a of act under structured formula is a final award and once that award has been passed, no further award under chapter xii of m.v. act could be passed by the tribunal. the provisions contained in sections 163-a and 166 of act provide for two different modes but the two modes cannot simultaneously be invoked by the claimants. the claimant must opt/elect to go either for a proceeding under section 163-a or under section 166 of the m.v. act but not under both. the award under section 163-a is final and cannot be described as interim and no proceeding for compensation under section 166 can be undertaken once the award is declared under section 163-a. kishore singh lodha, j.1. an application has been filed by the learned counsel for the appellant for dispensing with the production of the certified copy of the judgment under appeal. since that judgment has already been reported in budha ram and anr. v. state of rajasthan and ors. , the production of the certified copy is dispensed with.2. we have heard the learned counsel for the appellants and the learned addl. government advocate.3. it is stated by the learned counsel for the appellants that the application of his adult son dhanna ram is pending consideration before the allotting authority-cum-assistant colonisation commissioner, suratgarh. all that he wants is that the application should be considered in the light of the judgment recorded by this court in d.b. civil special appeal no. 201/84 om prakash and ors. v. state of rajasthan decided on 28-2-1985 along with connected appeals. there is no doubt that the allotting authority will have to take into consideration this judgment and dispose of that application accordingly.4. with these observations the special appeal is dismissed.