HARIVADAN MANEKLAL MODY Vs. CHANDRASINH CHANDRASINH PARMAR

JUDGEMENT

(1.) The short question which arises for our consideration in this appeal is whether the Claims Tribunal was right in holding that since the appellants had received an amount of Rs. 21 600 by way of compensation under the Workmens Compensation Act 1923 they were barred by virtue of sec. 110-AA of the Motor Vehicles Act 1939 from claiming compensation under the latter Act ? The brief facts leading to this appeal may be stated as under.

(2.) The appellants who are the original petitioners are the parents of deceased Bharat Harivadan Modi who died in a vehicular accident which occurred on 8/10/1979 A jeep car GRG 97 belonging to Jagdish Electric Company driven by Rajendraprasad Pande ran into a stationary tanker GTB 6022 which was parked partly on the tar road without the tail light switched on. The jeep was proceeding on National Highway No. 8 from Ahmedabad to Bhalod with four passengers including the deceased when the collision in question occurred. In the accident Bharat and one another were seriously injured and they succumbed to the injuries. Bharat died on the next day at the S.S.G. Hospital Baroda.

(3.) The Claims Tribunal came to the conclusion that the accident was on account of the sole negligence of the tanker driver in parking the vehicle partly on the tar road without the tail light switched on. The owner driver and the Insurance Company of the tanker were therefore held liable to compensate the appellants the parents of the deceased. In the course of evidence before the Tribunal it however transpired that the parents of the deceased had received an amount of Rs. 21 600 under the provisions of the Workmens Compensation Act from the Court of the Civil Judge Senior Division Vadodara the authority under the Workmens Compensation Ace. Placing reliance on sec. 110-AA of the Motor Vehicles Act the Claims Tribunal came to the conclusion that since the appellants had already exercised their option to receive compensation under the Workmens Compensation Act they were not entitled to claim compensation under the Motor Vehicles Act. The Claims Tribunal however determined the amount of compensation at Rs. 89 875 with proportionate costs and interest to which the appellants were entitled but for the bar of sec. 110 AA of the Motor Vehicles Act. Against this decision of the Claims Tribunal the original petitioners the parents of the deceased have preferred this appeal.