( 1 ) THE award appealed against by the Insurer is of the Workmen's Compensation commissioner made under the Workmen's Compensation Act,-1923 (for short 'the wc Act' ). The insurer's liability under the said award to pay compensation to respondents 1 to 3, who are the dependants of deceased Machale Obrin, a driver of a motor vehicle, has arisen because of a Policy of Insurance issued by it under the motor Vehicles Act, 1939 (for short 'the MV Act'), issued covering the risk of the driver of that motor vehicle as workman of employer-owner of that motor vehicle, respondent-4. Respondents 1 to 3 have made their claim for compensation under the wc Act for the death of workman (driver) opting to the forum provided for under the wc Act as permitted under Section 110-AA of the MV Act. Such opting disentitled respondents 1 to 3 to make a claim for compensation in the forum provided for under the MV Act, in that, Section 110 - AA forbids the claimants in making the claims for compensation in both forums. Consequently, if a claim is made under the MV Act, a claim under the WC Act becomes unmaintainable. In fact, in a case where a claim for compensation on account of death or bodily injury of

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