J. N. BHATT, H. H. MEHTA, J.

( 1 ) ADMIT. Service of notice of admission is waived by Mr. H. M. Padhya learned advocate for and on behalf of the respondents. In view of the peculiar facts of the case and short question involved in the case as well as upon joint request of the learned advocates for the parties, we have taken up this appeal today, for final hearing.

( 2 ) THE short question which requires to be determined and adjudicated upon is as to whether the amount of compensation awarded by the Workman Compensation Commissioner under the Workmen Compensation Act, 1923 is required to be slashed from the amount of compensation awarded by the Motor Accident Claims Tribunal (Main), District Banaskantha, Palanpur in the case of fatal injuries on account of the vehicular accident, for which as such there is consensus even amongst the lawyers appearing for the parties. Therefore, the amount which has been awarded under Workmen Compensation Act, 1923 by the Workmen Commissioner for the death of the employee is required to be slashed down from the amount of compensation due and payable under the award of the Motor Accident Claims Tribunal.

( 3 ) THE appellant - Gujarat State Road Transpo

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