YESHWANT Vs. KISHORE

JUDGEMENT

(1.) THE unsuccessful claimants have filed this miscellaneous appeal under Section 110-D of the Motor Vehicles Act, 1939 against the order dated 4. 5. 1990 rendered by the 1st Motor Accidents Claims Tribunal, Barwani in Claim Case No. 64 of 1989 thereby rejecting the application of the appellants presented under Section 92-A (new Section 140) for grant of interim award.

(2.) BRIEFLY stated, the facts of the case are that the respondent No. 1 is the owner of the truck bearing registration No. MTC 6911. It was insured with respondent No. 2. It was driven rashly and negligently on 9. 10. 1983 as a result of which, it hit Raju causing him injuries and later on his death. Raju was an employee on this truck. The appellants filed a WC Case No. 62 of 1983 under the provisions of Workmen's Compensation Act. In this case the appel lants were awarded a compensation of Rs. 21,000/ -. On 10. 11. 1989, the appellants filed an application under Section 92-A of the Motor Vehicles Act before the aforesaid Tribunal. The Tribunal held that the appellants took recourse to the case under the provisions of Workmen's Compensation Act and as such, the application was untenable in law. The Tribunal also held that the application was, in any case, barred by time, as it was filed after about six years from the date of the alleged accident. Aggrieved by this order, the appellants have filed this appeal.

(3.) I have heard Mr. S. K. Jain, learned Counsel for the appellants, Mr. T. N. Singh, learned Counsel for respondent No. 1 and Mr. Dandwate, learned Counsel for the respondent No. 2.