J.R. VORA, J.

(1) THIS appeal is admitted and upon request of learned counsel for the parties, this appeal is taken up today for final hearing.

(2) HEARD learned counsel Mr. Parikh for the appellant and learned advocate Mr. H. M. Modi for respondent Nos. 1 and 2, original claimants.

(3) ORIGINAL claimants filed M. A. C. P. No. 906 of 1997 before learned Motor Accidents claims Tribunal, Kachchh at Bhuj under section 166 of the Motor Vehicles Act for obtaining compensation for the death of pushpaben N. Bhawani on 21. 8. 1997 in vehicular accident. The other opponents of this appeal are owners and drivers of the vehicles involved in the accident.

(4) IN the aforesaid M. A. C. P. No. 906 of 1997 at Exh. 50 in shape of interim application, request was made by the claimants to award compensation under section 163-A of the Motor Vehicles Act.

(5) THE learned Tribunal was pleased to grant the above said application at Exh. 50 on 15. 1. 2001 awarding compensation of rs. 1,94,500 to claimants under structured formula. It is noteworthy that the claimants treated application at Exh. 50 as an interim application and continued to proceed with m. A. C. P. No. 906 of 1997 for determination of compensation under fault liability and, hence, this first appeal is preferred by new India Assurance Co. Ltd. , original opponent No. 3. The main grievance which is voiced by appellant through his appeal is in respect of entitlement of claimant to receive compensation under both schemes, i. e. , (1) on no fault liability and structured formula; and (2) fault liability.

(6) IT is vehemently urged that the claimants can either claim compensation under section 163- A or under section 166 of the motor Vehicles Act, but not under both the provisions.

(7) CIVIL Application No. 3897 of 2006 is preferred by original claimant in the first appeal for direction to the Tribunal to disburse an amount of award passed by the tribunal under section 163-A of the Motor vehicles Act. It is also pertinent to note that in Civil Application No. 8708 of 2002, this court directed the insurance company to deposit the amount and stay of execution of the award was granted. Further directions of this court were in regard to investment of the deposited amount.

(8) AFTER hearing the learned counsel and going through the record, now, it clearly appears that M. A. C. P. No. 906 of 1997 is withdrawn by the claimants and the same stands disposed of as withdrawn. Learned advocate for the claimant placed on record in Civil Application No. 3897 of 2006, copy of the withdrawal pursis filed at Exh. 67 on 1. 4. 2006 and the order passed by the tribunal on the same day permitting the withdrawal of said M. A. C. P. No. 906 of 1997.

(9) IN the above view of matter, now award passed by the Tribunal under section 163-A of the Motor Vehicles Act becomes final and the grievance voiced by the appellant in F. A. No. 2371 of 2002 does not survive. True, it is that the compensation under section 163- A is final in nature and cannot be altered or varied in any other proceedings. Remedy under section 163- A is not in addition to the remedy available under section 166 of the Motor Vehicles act. Therefore, remedy for compensation under sections 163- A and 166 of the Motor vehicles Act is independent of each other. It is for the claimant to elect or opt for either of them. This law is settled by the supreme Court in the matter of Deepal girishbhai Soni v. United India Insurance co. Ltd. , 2004 ACJ 934 (SC).

(10) IN this view of matter, since the m. A. C. P. No. 906 of 1997 so far as it related to determination of compensation on the ground of fault liability does not survive, this appeal filed on the above ground stands dismissed.

(11) CIVIL Application No. 3897 of 2006 for direction also stands dismissed as the same would not now survive. The Tribunal may disburse the amount deposited by the appellant to the claimant in accordance with award passed under section 163-A of the Motor Vehicles Act. Orders accordingly.