RAJA Vs. AJAY

JUDGEMENT

(1.) THIS case will also govern the disposal of M. A. No. 3350 of 2005 as the facts of the two cases are similar and similar question of law is involved.

(2.) APPLICANTS (appellants) approached the labour court under Workmen's Compensation Act to seek damages on account of the injuries suffered in a road accident while they were travelling in a truck. The appellants' employer examined himself on the basis that he had objected to his being employer of the two appellants. The Commissioner for Workmen's Compensation, finding that appellant has failed to prove the relationship of employer and employee and dismissed the claim applications as not maintainable. It is against this dismissal that the appellant has approached this court,

(3.) IN view of the finding based on the evidence that the appellants were not the employees, we find that they were not entitled to invoke the provisions of Workmen 's Compensation Act. The counsel for the respondents have invited attention to section 167 of Motor Vehicles Act which provides that if a person has an option to approach the court under the Workmen's compensation Act as also under the Motor vehicles Act, it is for him to elect the forum but once a forum has been invoked, he cannot seek remedy in the other forum provided. Section 167 of the Motor Vehicles Act reads as under: