NEW INDIA ASSURANCE COMPANY LIMTED Vs. MAYABEN JAMIYATMAL

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and award passed by the learned Commissioner, Workmen's Compensation Court, Junagadh in Workmen Fatal Case No.39/1995 dated 31.01.2008, whereby, the original claimants, respondent nos.1 to 4 herein, have been awarded a sum of Rs.79,032/- as compensation along with interest @ 9% p.a. from the date of accident till its realization.

(2.) WHEN the matter was taken up for hearing, it was pointed out by learned counsel for the appellant that before filing the present application under the Workmens Compensation Act, 1923, the original claimants had preferred a claim petition being M.A.C.P. No.650/1994 before the Motor Accident Claims Tribunal, which was allowed. Therefore, the application under the W.C. Act was not maintainable.