JUDGMENT- D.R. DHANUKA, J.:-This appeal involves consideration of important question of law relating to interpretation and application of section 110-AA of the Motor Vehicles Act, 1939.

2. This is an appeal by the original applicants against an order dated 8th January, 1986 passed by the learned Commissioner for Workmens Compensation in Workmens Compensation Case No. (LCS) 1 of 1980. By the impugned order, the learned Commissioner dismissed the above referred application as not maintainable in law by invoking section 110-AA of the Motor Vehicles Act, 1939.

3. Section 110-AA of the Motor Vehicles Act, 1939 reads as under :

"110-AA. Notwithstanding anything contained in the Workmens Compensation Act, 1923 (8 of 1923), where the death of or bodily injury to any person gives rise to a claim for compensation under this Act and also under the Workmens Compensation Act, 1923 (8 of 1923) the person entitled to compensation (may, without prejudice to the provisions of Chapter VII-A claim such compensation) under either of those Acts but not under both".

4. One Arjun Mahadeo Salunkhe died as a result of an accident which took place on 31st March, 1980. At the time of the accident the deceased wa

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