JUDGMENT :

1. This appeal is directed against the impugned judgment and award dated 14.07.2009 passed by the Court of learned Additional District Judge (Fast Track)-cum-Motor Accident Claims Tribunal, Tonk (Raj.) (for short ‘the Tribunal’) in Motor Accident Claim Case No. 73/2008 by which the claim petition filed by the claimants-appellants has been dismissed on the ground that the claimants-appellants have already got compensation in a claim petition filed by them under the provisions of Workmen’s Compensation Act, 1923 (for short ‘the Act of 1923’).

2. The issue involved in this appeal is that ‘Whether the claimants-appellants can file two parallel claim petitions for getting compensation under section 22 of the Workmen’s Compensation Act, 1923 and under Section 166 of the Motor Vehicles Act, 1988 (for short ‘the Act of 1988’)?’

3. The brief facts of the case are that the claimants-appellants filed a claim petition before the Tribunal seeking compensation on account of death of Ramlal who died in an accident occurred on 07.11.1991. It was pleaded in the claim petition that at the time of accident, deceased Ramlal was working as a driver and because of his sudden demise in the afores