Where death or bodily injury gives rise to a claim for compensation under both the Motor Vehicles Act and the Workmen's Compensation Act, the person entitled to compensation may claim under either Act but not under both. An application for compensation made by one of the legal representatives of the deceased is deemed to be on behalf of all the legal representatives, and the compensation awarded under either Act represents the compensation payable to all the legal representatives.

VENKATARAMA REDDY, J.

( 1 ) IN an accident, the Lorry AAT 4446 which was proceeding on 23-9-1981 from Vijayawada to Madras on grand trunk road hit the stationary lorry, AAG 9998. In that accident the cleaner of the lorry AAT 4446 had received grievous injuries and died in the hospital on the next day. Alleging that the accident was due to rash and negligent driving of the driver, the wife and minor daughter filed O. P. No. 77 of 1983 against the Insurance company, the first respondent in the Original petition and against the owner of the vehicle, the second respondent in the Original Petition. In all the claimants preferred a claim for Rs. 50,000/- i. e. , consisting of rs. 45,000/- for the loss of earnings, pain and sufferings and association and rs. 5,000/- for the loss of consortium.

( 2 ) THE first respondent i. e. , the insurance Company filed a written statement denying the allegations in respect of rash and negligent driving and contended that the compensation claimed is very high. It was also stated in the written statement that the mother of the deceased, Shaik kaleem filed a petition in W. C. No. 14/82 in the Court of the Commissioner for Workmen s Compensation, Guntur under the Workmen s Compensation act and the Workmen s Compensation Tribunal after contest passed an Award for Rs. 18,000/- against the second respondent herein and the claimants in this original petition were aware of those proceedings and the compensation awarded by the Commissioner under the Workmen s compensation Act will accrue to the benefit of Legal Representatives. It is further contended by the proviso to Section 95 (1) (b) of Motor Vehicles act expressly excludes the liability of the insurer in respect of death or bodily injury to the employee insured except the liability if any arising out of the Workmen s Compensation Act. Since the legal representatives have been awarded compensation of Rs. 18,000/- in W. C. 14/82, it is not open to them to claim compensation once again under the Section 110-A of the Motorvehicles, Act.

( 3 ) THE second respondent filed a counter adopting the counter of the first respondent.

( 4 ) THE Tribunal framed appropriate issues 1 and 2 regarding the question whether the accident occurred on account of the rash and negligent driving of AAP 4446 and also regarding the amount to be awarded as compensation. It also framed an additional issue "whether the petition as tiled is not maintainable in this Tribunal".

( 5 ) ON the basis of the aforesaid pleadings and after considering the evidence of P. W. 1, Exs. A-1 to A-3 and B-1 the Tribunal held on the additional issue that as the Award No. W. C. 14/82 must be deemed to have been passed for and on behalf of the legal representatives of the deceased, shaik Fareed, the claimants cannot maintain the Original petition before the Motor Accidents Claims Tribunal, having regard to the provisions to section 110-AA read with the proviso to Section 110 (A) (1) of the Motor vehicles Act and on issue No. 1 that the accident occured on account of the rash and negligent driving of the vehicle AAT 4446 by its driver. On issue no. 2 the Tribunal held no reliable evidence was placed regarding the income of the deceased and taking into consideration the age of the deceased and taking into consideration the age of the deceased, the number of legal representatives left by the deceased the tribunal awarded a sum of rs. 18000/- by way of compensation to all the representatives of the deceased. Having regard to its finding on additional issue, the claim was dismissed.

( 6 ) AGGRIEVED by the said order the claimants i. e. wife and minor daughter of the deceased preferred the above appeal.

( 7 ) IT is contended in this appeal that the finding of the Tribunal on additional issue that the claim petition is not maintainable is not correct. Elaborating the contention, it was submitted, that the mother of the deceased, no doubt, preferred W. C. No. 14/82 before the Commissioner for workmen s Compensati

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