B. S. A. SWAMY, J.

( 1 ) AGGRIEVED by the order and the decree dated 5. 12. 2001 in a. A. O. No. 2577 of 1999 passed by a learned single Judge, the present appeal is filed.

( 2 ) THE only question that arises for consideration in this appeal is "whether a driver due to whose negligence the accident has taken place can claim compensation under the provisions of the Motor vehicles Act or whether he has to approach the Commissioner under the Workmen s compensation Act"?

( 3 ) THE facts of the case are that the appellants in the L. P. A. are the legal heirs of one K. Anand, who died in a road accident while driving a lorry bearing registration no. AP 25-T 1452 while proceeding from Nizamabad to Nagpur at about 6. 15 a. m. on 5. 2. 1995. The specific case of the appellants herein is that the deceased driver was unable to control his lorry and dashed against lorry bearing No. ATJ 407 coming from the opposite direction, and as a result of which the deceased received multiple injuries on his body and died in the Government Hospital, Nirmal on the same day at about 9 a. m. They filed claim petition on 23. 1. 1996 under section 166 of the Motor Vehicles Act claiming about rs. 2,50,000 on various counts with 18 per cent interest per annum from the date of filing of the petition till its realisation. We need not go into the details of the order passed by the Tribunal. Suffice it to say that the Tribunal having noticed that the accident had taken place due to the negligence of the deceased driver, arrived at the compensation payable to the appellants at Rs. 2,59,000 and restricted their claim to the amount they claimed in the claim petition by applying Table of the Second schedule under section 163-A of the Act. Section 163-A was introduced by Amending act 54 of 1994 and the same came into force on 14. 11. 1994. It is useful to extract section 163-A of the Act:"163-A. Special provisions as to payment of compensation on structured formula basis. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the Second Schedule, to the legal heirs or the victim, as the case may be. Explanation. For the purposes of this sub-section, permanent disability shall have the same meaning and extent as in the Workmen s Compensation Act, 1923. (2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person. (3) The Central Government may, keeping in view the cost of living by notification in the Official Gazette, from time to time amend the Second Schedule. "

( 4 ) FROM this it is seen that though the claimants have to prove that the accident has taken place due to rash and negligent driving of the driver before claiming any compensation under (Sic. section 163-A of) the Motor Vehicles Act, the burden of proving that the accident took place due to rash and negligent driving of the vehicle by the driver of the vehicle is no longer prerequisite for claiming compensation. It would be suffice to claim compensation to prove that the vehicle was involved in the accident. In fact sub-section (2) of section 163-A makes it clear that the claimant is not required to plead or establish that the death or permanent disablement in respect of which the claim has been made due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person and under sub-section (3) the compensation payable in the case of fatal accidents as well as death were given. As per this Schedule in respect of

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