( 1 ) IN this revision application under Sec. 115 of the Civil procedure Code, the petitioner-Insurance Company has challenged the communication/order dated 12-2-1999 from the Motor Accident Claims Tribunal (Main), Rajkot to the Divisional Manager of the petitioner-Company calling upon the Company to pay compensation under the Workmens Compensation Act, 1923 (hereinafter referred to as the said Act or the Workmens Compensation Act) with interest and penalty to the heirs of deceased-Kishorbhai Popatbhai who was the driver of the motor vehicle involved in a motor accident on 7-3-1994.

( 2 ) THE heirs of the deceased had filed Motor Accident Claim Petition No. 1589 of 1998 before the Motor Accident Claims Tribunal, Rajkot claiming a sum against the award passed by the Motor Accidents Claims Tribunal, Rajkot. of Rs. 3 lacs under Sec. 166 of the Motor Vehicles Act, 1988. The Tribunal found that since the accident arose on account of negligence of the deceased-driver himself, the application filed by his heirs for compensation could not be tried by the Motor Accident Claims Tribunal, but the heirs were entitled to get compensation under the provisions of the Workmens Compen