( 1 ) THIS appeal is directed against the award of the Motor Accidents Claims Tribunal,delhi, dated 31. 7. 1973. After making an award in favour of the appellant for a sum of Rs. 11,765. 00 the Tribunal dismissed the claim on the ground that appellant had already secured compensation of Rs. 7,560. 00 from the Commissioner, Workmen s Compensation. On interpretation of section 3 (5) (a) of the Workmen s Compensation Act the Tribunal came to the conclusion that the petition under section 110-A of the Motor Vehicles Act was not maintainable. It is this finding of the Tribunal which is challenged in this appeal;

( 2 ) SECTION 3 (5) (a) of the Workmen s Compensation Act, 1923 reads:

"3 (5) Nothing herein contained shall be deemed to confer any right to compensation on a workman in respect of any injury if he has instituted in a civil court a suit for damages in respect of the injury against the employer or any other person; and no suit for damages shall be maintainable by a workman in any court of law in respect of any injury- (a) If he has instituted a claim to compensation in respect of the injury before a Commissioner; or (b) If an agreement has been come to between the workman