SARLA DEVI Vs. JHANGI RAM

JUDGEMENT

(1.) This is an appeal under Section 110D of the Motor Vehicles Act, 1939, by the dependants of the deceased, Daya Nand Sharma, claiming compensation for his death on the ground that while he was driving a vehicle belonging to the U. P. Government Roadways, it collided with truck No. 61--1463 and in that he lost his life. The appellants claimed that the accident occurred due to rashness and negligence of the truck driver. The appellants had claimed Rs. 1,00,000 as compensation.

(2.) The claim petition was contested by the owner of the truck on the ground that as the appellants had already been awarded compensation under the Workmen's Compensation Act, the petition filed under Section 110A of the Motor Vehicles Act was not maintainable.

(3.) The Motor Accidents Claims Tribunal decided the aforesaid controversy against the appellants and holding that as compensation under the Workmen's Compensation Act had already been awarded to the appellants, rejected the claim petition aforesaid. 3. Aggrieved, the appellants have come to this court by means of the present appeal.