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 vari

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