SHANTABAI PARSHURAM MULE Vs. SHARDA PRASADSINGH

JUDGEMENT

(1.) AGGRIEVED by the judgment of the Motor Accidents Claims Tribunal dated 29th June, 1981 in A.C.C. No. 36 of 1978 the appellants, who are the legal heirs of the deceased Parshuram Tukaram Mule, have filed this appeal.

(2.) THE deceased Parshuram met with an accident on 15.3.1978 while he was driving car No. MTY 3806 as a driver of the State Transport Corporation. The car was on its way to Ratnagiri. The said car crossed Mahad and while proceeding to its destination on Bombay -Goa Road a motor tanker No. MNP 7952 belonging to the respondent No. 1 and driven by the respondent No. 2 in course of his service being in employment of respondent No. 1, coming from opposite direction dashed against the car No. MTY 3806 with the result that the deceased Parshuram as well as another occupant of the car Dinanath Shirodkar received multiple injuries and both died on the spot. The third occupant of the car Pradip Sawant was seriously injured. There is no dispute that Parshuram Tukaram Mule died having received personal injuries caused by accident arising out of and in the course of employment.

(3.) AFTER hearing the rival contentions of the parties only one point falls for determination and that point is, whether the claim for compensation filed before the Motor Accidents Claims Tribunal is tenable in the circumstance that the appellants have accepted the amount of Rs. 23,100/ -deposited by the employer, the Maharashtra State Road Transport Corporation, with the Commissioner of Workmen's Compensation under Section 8 of the Workmen's Compensation Act, 1923.