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Judgment
K.S. Jhaveri, J.—This appeal has been filed against the judgment and award passed bythe learned Commissioner, Workmen''s Compensation Court, Junagadh in Workmen Fatal Case No. 39/1995 dated 31.01.2008, whereby, the original claimants, Respondent Nos. 1 to 4 herein, have been awarded a sum of Rs. 79,032/-as compensation along with interest @ 9% p.a. from the date of accident till its realization.
When the matter was taken up for hearing, it was pointed out by learned Counsel for the Appellant that before filing the present application under the Workmen''s Compensation Act, 1923, the original claimants had preferred a claim petition being M.A.C.P. No. 650/1994 before the Motor Accident Claims Tribunal, which was allowed. Therefore, the application under the W.C. Act was not maintainable.
Heard learned Counsel for the respective parties. Having perused the documents on record, I find substance in the submission made by learned Counsel appearing on behalf of the Appellant-Insurance Company. Before filing Workmen Fatal Case No. 39/1995, the original claimants had preferred M.A.C.P. No. 650/1994 before the Motor Accident Claims Tribunal concerned, which came to be allowed. In view of the above facts, the application under the W.C. Act was not maintainable. Hence, the impugned award passed by the learned authority under the W.C. Act deserves to be quashed and set aside.
Consequently, the appeal is allowed. The impugned judgment and award passed by the learned Commissioner under the W.C. Act is quashed and set aside. The amount deposited by the Appellant-Insurance Company before the Tribunal shall be refunded to the Insurance Company. No order as to costs.