LAWS(KAR)-1983-12-6

B PRABHAKAR Vs. BACHIMA MUSTHARI

Decided On December 16, 1983
B.PRABHAKAR Appellant
V/S
BACHIMA, MUSTHARI Respondents

JUDGEMENT

(1.) This appeal by the employer and the insurer is directed against the Judgment and Award dt. 14-4-1980 made by the Commissioner for Workmen's Compensation, Chikmamagalur, in K.OC/WEA/4/79-80 on his file directing the employer to pay a sum of Rs. 21,000 towards compensation to the claimant under the Workmen's Compensation Act.

(2.) The only point that is raised before us in this appeal is that the claimant had filed a petition before the Motor Accidents Claims Tribunal, Chickmagalur, for compensation in Miscellaneous (MVC) Case No. 16 of 1978 and therein the claim was dismissed because the deceased driver himself was responsible for causing the accident Hence, the learned Counsel submitted before us that the petition made again before the Commissioner for Workmen's Compensation Act under the same cause of action is not tenable under S. 110-AA of the Motor Vehicles Act read with S. 3 (5) of the Workmen's Compensation Act.

(3.) S. 110-AA of the Motor Vehicles Act reads :