PREM Vs. AMAR JEET SINGH

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and award dtd. 14/7/2009 passed by the Court of learned Additional District Judge (Fast Track)-cum-Motor Accident Claims Tribunal, Tonk (Raj.) (for short 'the Tribunal') in Motor Accident Claim Case No. 73/2008 by which the claim petition filed by the claimants-appellants has been dismissed on the ground that the claimants-appellants have already got compensation in a claim petition filed by them under the provisions of Workmen's Compensation Act, 1923 (for short 'the Act of 1923').

(2.) The issue involved in this appeal is that 'Whether the claimants-appellants can file two parallel claim petitions for getting compensation under sec. 22 of the Workmen's Compensation Act, 1923 and under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988')?'

(3.) The brief facts of the case are that the claimants-appellants filed a claim petition before the Tribunal seeking compensation on account of death of Ramlal who died in an accident occurred on 7/11/1991. It was pleaded in the claim petition that at the time of accident, deceased Ramlal was working as a driver and because of his sudden demise in the aforesaid accident, his dependents (appellants) suffered not only economic loss but also deprived from his love, affection and care.