SHABBIR Vs. SAMSU BHAI KALIYA BHAI DANGI

JUDGEMENT

(1.) Being aggrieved by the award dated 11-4-11 passed by IV MACT, Ratlam in Claim Case No. 1/09, whereby claim petition filed by the appellant on account of injuries sustained in a motor accident, which took place on 26-1-08 was dismissed, present appeal has been filed. Short facts of the case are that the appellant filed a claim petition alleging that the appellant is a truck driver. On 26-1-08 the truck bearing registration No. MP/43-G/0360 owned by respondent Nos. 4 and 5 was being driven by appellant, which was met with an accident with another truck bearing registration No. GJ/17-G/9087, driven by respondent No. 2, rashly and negligently, with the result, appellant sustained grievous injuries. It was prayed that the claim petition be allowed. After framing of issues and recording of evidence learned Tribunal dismissed the claim petition, against which present appeal has been filed.

(2.) Learned Counsel for the appellant frankly submits that the claim petition has wrongly been filed under the provisions of Motor Vehicles Act, which ought to have been filed under the provisions of Workmen's Compensation Act. It is submitted that the appellant be permitted to withdraw the claim petition with a liberty to file the claim petition under the provisions of Workmen's Compensation Act.

(3.) Learned Counsels for respondent Nos. 3 and 6 submit that after availing remedy under the provisions of Motor Vehicles Act, appellant cannot be permitted to avail the remedy under the provisions of Workmen's Compensation Act. For this contention, reliance is placed upon Section 167 of Motor Vehicles Act and Section 3(5) of Workmen's Compensation Act, 1923. It is submitted that hence the appeal filed by the appellant has no merits and the same be dismissed.