UNITED INDIA INSURANCE CO Vs. A DHANALAKSHMI

JUDGEMENT

(1.) This is an appeal preferred by the appellant Insurance Company having been aggrieved by the judgment and decree dated 31-3-1986 passed in O.P.No.83 of 1984 on the file of the First Additional District Judge-cum-Motor Accidents Claims Tribunal, Visakhapatnam awarding a compensation of Rs.20,000/- to the 1st petitioner and at Rs.15,000/- to each of petitioners 2 and 3.

(2.) On 16-11-1983 at about 3-30 P.M. when the deceased and his friend were proceeding on the motor cycle bearing No. ATY 5098, along the left side of the road a lorry bearing No. ATY 5099 driven by the first respondent and belonging to the second resondent, came at a high speed in a rash and negligent manner in the opposite direction and dashed against the motor cycle of the deceased. On account of this accident, the deceased died on the spot.

(3.) The short point that arises for consideration in this appeal is whether the claimants, having obtained an award from the Commissioner of Workmen's Compensation Act can be permitted to avail the remedy that is available under Section 110-A of the Motor Vehicles Act. In this connection, it is relevant to extract Section 110-AA of the Motor Vehicles Act which is in the following terms:-