(1.) THIS appeal is at the instance of the claimants and is directed against the award dated 30th August, 1999 passed by the Motor accident CJaims Tribunal by which the Tribunal dismissed the application for compensation under Section 163a of the Motor Vehicles Act on the ground that the driver of the vehicle employed by the owner himself being involved in the accident and the death having been caused on his account, the jurisdiction of Motor Vehicles Tribunal was not attracted and the appropriate remedy of the claimants lay before the Commissioner, Workmens Compensation Act.

(2.) BEING dissatisfied, the claimants have come up with the present appeal.

(3.) THE facts giving rise to filing of the application under Section 163a of the Act may be summed up thus : (a) The victim, namely, one Kalipada Dolui was the driver of the vehicle being tractor No. WB-33/1200. On December 19, 1996 while the deceased was coming from the brickfield of one Amitava sashmal near western side of the brickfield at

P. S. Kotwali, district- Midnapore, the said vehicle slipped out of the track and capsized to the west of the road. The driver died on the spot. The claimants are the legal heirs of