D.V.S.S. Somayajulu, J.

1. This appeal arises out of the order dated 23.8.2005 in WC No. 4 of 2004 on the file of the Court of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Guntur. The application was filed by one Shaik Mahaboob Bi and 5 others against the opposite parties claiming compensation on account of death of the husband of the first applicant. The Insurance Company strongly denied the claim and raised an important issue that the applicants had already filed MVOP No. 992 of 2009 on the file of the III Additional District Judge, Guntur and that the said MVOP was dismissed after a full trial. Later, they filed IA No.... of 2005 in WC No. 4 of 2004 requesting the lower Court to try the preliminary issue, whether the claim application WC No. 4 of 2004 is maintainable? The Commissioner for Workmen's Compensation, Guntur, by his order dated 23.8.2005 agreed with the contention of the Insurance Company and held by a cryptic order that the workmen's compensation case itself is not maintainable and allowed the application upholding the preliminary issue and dismissing the claim petition. It is this order that is assailed in this appeal.

2. He