MANI RAM Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 31.03.2003 propounded by Commissioner under Workmenâ„¢s Compensation Act, Jammu in case titled Mani Ram and others Vs. National Insurance Company, whereby the petition of the appellant for seeking compensation in respect of death of Raj Kumar has been dismissed on a preliminary issue, as not maintainable, in absence of the liberty from Motor Accidents Claims Tribunal.

(2.) IT appears that the petition came to be commenced by the petitioners for the grant of compensation in respect of death of Raj Kumar conductor. On the filing of objections to the claim petition, the respondents also annexed a certified copy of order dated 28.05.2002 passed by District Judge, MACT, Jammu, allowing the withdrawal of the petition of their own by the petitioners without seeking any liberty to approach the Commissioner under Workmens Compensation Act for filing a claim petition. The Commissioner under Workmens Compensation Act relied on the judgment reported in AIR 1995 Allahabad 255 held the petition not maintainable after withdrawal of the first petition without liberty to file fresh for the same relief from the MACT. It is this order passed by Commissioner under Workmens Compensation Act, Jammu which became the subject matter of challenge in this appeal.

(3.) I have heard the learned counsel for the respective parties and also perused the record meticulously.