SINGARENI COLLIERIES CO. Vs. TARAKODI KAMALA DEVI

JUDGEMENT

(1.) The 2nd respondent - M/s. The Singareni Colleries Company Limited, represented by its General Manager among two respondents including the operator of the vehicle in question of the 2nd respondent, preferred the appeal, having been aggrieved by the claim maintained by the wife and major son of late Ch. K. Kumaran Nair, under Sec. 140 of the Motor Vehicle Act (for short 'the M.V. Act'), on the file of the learned Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge, Karimnagar (for short, 'Tribunal'), in OP No. 25 of 2001 for the claim of Rs. 50,000.00 (Rupees fifty thousand only) since granted the same for the alleged accident taken place on 23.6.1996.

(2.) The claim petition was contested by the appellant before the Tribunal. The 1st claimant-wife of the deceased was examined as PW1 and got marked Exs. A1 First Information Report and Ex.A2 Post-mortem Report. On behalf of the respondent (appellant herein), RWs. 1 and 2 were examined and got marked Exs. B1 to B7 viz; Form E.E. Report of fatal accident, Form U.I Admission of liability of workmen compensation, Form-A deposit of compensation for fatal accident, Form-G Application for order to deposit compensation, Letter of General Manager of appellant company addressed to Commissioner of Workman Compensation, Warangal, to direct appellant company to deposit compensation and brochure of the machine.

(3.) The contest of the appellant herein is that the vehicle in question is not a motor vehicle within the meaning of Sec. 2(28) of the M.V. Act. A reading of the definition itself clarifies that it is a motor vehicle thereby said contention has no legs to stand. However, a perusal of the record clearly lows the claim was made, entertained and decided under the Workmen Compensation Act and compensation also received by the claimants. Sec. 167 of the M.V. Act says option is with the claimants either proceed under the M.V. Act or under it W.C. Act. Once they proceed under the W.C. Act and receive the compensation is awarded by the Commissioner under W.C. Act, that made final and fresh claim under Sec. 140 of the M.V. Act, way survives that was not considered by Tribunal thereby the award of the Tribunal is liable to be set aside. Needless to say out of what the Tribunal awarded of Rs. 50,000.00 with interest at 9% p.a., while filing the appeal, the company deposited half of the amount. If already permitted to withdraw, not recover from the first claimant-rife of the deceased but for from the 2nd claimants-son of deceased, employee of the company. If not permitted to withdraw, the company is entitled to file cheque petition and receive back the mount.