DY GEN MANAGER KSRTC Vs. GOPAL MUDALIAR

JUDGEMENT

(1.) This appeal by the Karnataka State Transport Corporation is directed against the judgment and award dt. 25-9-1980 passed by the Member, MAC Tribunal, Hassan, in Misc. (MVC) case No. 20 of 1979, on his file, awarding compensation of Rs, 45, 606 to the claimants, along with interest at 6% p.a. from the date of petition till payment as also the costs of the claimants before the Tribunal.

(2.) The Karnataka State Road Transport Corporation, the owner of the vehicle in question, has come up in appeal. The learned counsel appearing for the Karnataka State Road Transport Corporatioa strenously urged before us that the claimants ought to have approached the Employees Insurance Corporation for compensation, instead of approaching the Motor Accidents Claims Tribunal. He further submitted that the compensation awarded was very much on the higher side. They are, therefore, the two points that arise for our consideration in this appeal.

(3.) It is no doubt true that this Court has ruled that if the claimant has to receive benefits or compensation under S. 53 of the Employees' State Insurance Act, 1948, he cannot claim compensation under S. 110A of the Motor Vehicles Act, 1939,