YERABARLA VENKATESHWARA RAO Vs. YELUGATI ESWARA REDDY

JUDGEMENT

(1.) PETITIONERS 1 and 2 in O.P. No. 302/1983 on the file of the Motor Accidents Claims Tribunal (I Additional District Judge), Krishna at Machilipat-nam, are the appellants herein.

(2.) ONE Yerabarla Veneswara Rao, who was working as Rakshak in Railway Protection Force, died in an accident that took place on 19.4.1983 on Guntupalli -- Ibrahimpatnam Road. After his death, Union of India, South Central Railway (2nd respondent herein) has paid the amount due under the Workmen's Compensation Act, voluntarily without any claim by the dependants. Subsequently, the amount awarded i.e. Rs. 23,100/- has been withdrawn by the dependents. The parents and wife of deceased filed a claim petition under Section 110-A of the Motor Vehicles Act within the stipulated time. The Tribunal found that the claimants are entitled for a compensation of Rs. 80,784/- with 6% interest, but however, rejected the claim on the ground that as compensation under Workmens Compensation Act has already been awarded, they are not entitled to claim under Section 110-A of the Motor Vehicles Act Against that order this appeal is filed.

(3.) THE same view has been taken in Harivadan v. Chandrasingh and M. D. Karnataka Power Corporation Ltd v. Geetha 1988 A.C.J. 251:11 (1987) ACC 1. Since from the facts it has been brought out that the dependents having claimed nothing under the Workmen's Compensation Act, mere fact that they have withdrawn the amount of Rs. 23,100/- cannot be a ground to disallow their claim under the Motor Vehicles Act. The order of the lower court is set aside and the appeal has to be allowed.