JUDGMENT 1. - This is an appeal filed by the Insurance Company (defendant) under Section 173 of the Motor Vehicles Act against an award dated 1.11.1996 passed in Claim Case No. 41/1994 by Motor Accident Claims Tribunal, Barmer. 2. By impugned award, the Tribunal was pleased to allow the claim petition of the respondents (respondent No. 1 claimant) and accordingly awarded a total sum of Rs. 47,884/- to the claimant for the injuries suffered by him in the vehicular accident. 3. It is not in dispute that in this vehicular accident two claim petitions were filed by two injured claimants who had sustained injuries being Claim Case No. 41/1994 and 42/1994. So far as this appeal is concerned, it arose out of Claim Case No. 41/1994. Both these cases were tried together and accordingly decided by passing common impugned award. 4. As stated supra both the claim cases were partly allowed by recording a categorical finding that accident occurred on account of negligence of the driver of the offending vehicle. It is due to recording of this finding both the claim cases were allowed by awarding reasonable compensation to both injured claimants. 5. Admittedly no appeal is filed by the Insurance Company in Claim Case No. 42/1994. All findings have, therefore, attained finality. 6. Learned counsel for the parties have brought to my notice a decision of this Court reported in 2003 RAR 385 Rajasthan State Road Transport Corporation v. Shamim Ahmed & Ors. wherein this Court in identical situation has held that an appeal filed would be hit by Section 11 of Civil Procedure Code. 7. Accordingly and in view of the aforesaid I do not wish to examine the merits and demerits of the issues raised in this appeal by the insurance Company and inclined to dismiss the appeal in the light of the law so laid down in Shamim Ahmed's case (supra). 8. Accordingly and in view of the aforesaid the appeal fails and is hereby dismissed. 9. No cost.Appeal dismissed. *******