IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:20.11. 2008 CORAM:- The Hon'ble Mr. Justice R. SUDHAKAR C.M.A.No.458 of 1998 and C.M.P.No.4224 of 1998 The Managing Director, Thanthai Periyar Transport Corporation, Villupuram. .. Appellant/3rd Respondent Vs. 1. Baby 2. Pushpa 3. Venkatesan 4. Srinivasan(Minor) 5. Manivannan (Minor) ...Respondent/Petitioner Minor 4 and 5 rep by mother and natural Guardian R1. 6. S.Venugopal Chettiar, M.R.S.Bus Proprietor 7. United India Insurance Com.Ltd., Mosque Street, Tindivanam .. Respondents/Respondents 1 and 2 Appeal filed under Section 173 of the M.V.Act against the award and decree dated 23.04.1997 in MCOP No.135 of 88 on the file of the Motor Accidents Claims Tribunal,(Subordinate Court), Tindivanam . . . For Appellant : Mr. A.Babu and Mr.S.V.Vasanthakumar For respondents : No appearance https://hcservices.ecourts.gov.in/hcservices/ JUDGMENT The Transport Corporation has filed this appeal challenging the award dated 23.04.1997 in MCOP No.135 of 88 on the file of the Motor Accidents Claims Tribunal,(Subordinate Court), Tindivanam. Respondents have been served. However, in spite of considerable time, none appear on their behalf. 2. It is a case of fatal accident. In this case, the deceased M.Kathirvel is the driver of the appellant Corporation bus, which was involved in the accident, which happened on 17.10.1987. On his death, his wife, two minor sons filed a petition before the Commissioner of Workmen's Compensation Act and the same was disposed of by an order No.12419 dated 30.03.1988 by the Commissioner of Workmen's Compensation (Area-2) Chennai granting a sum of Rs.63,920/- as compensation. 3. They also filed a claim petition for compensation before the Motor Accident Claims Tribunal in M.C.O.P.No.135 of 1988 and the same was decided by the Tribunal on 23.04.1997 and a sum of Rs.50,000/- was awarded as compensation with interest at 15% per annum. 4. The present appeal has been filed by the Transport Corporation challenging the award of the Tribunal. Today, the learned counsel for the appellant has filed a memo along with certified copies of documents, namely, proceedings of the commissioner, Workmen's Compensation which reveals that a sum of Rs.63,920/- was awarded in favour of the claimants and the said amount was deposited on 08.12.1987 by the Transport Corporation under cheque No.217196 dated 05.12.1987. On 14.12.2001 this Court passed the following Order: " Today, a copy of the order in W.C.No.5/88 of the Commissioner, Workmen's Compensation is produced, which shows that the petitioners have received a compensation of Rs.63,920/- In these circumstances, the present CMP cannot be ordered. C.M.P. Is dismissed. Learned counsel for the respondents would submit that the order may be passed in the main appeal itself. However, the learned counsel for the petitioners would submit that since he is the junior of the petitioners' counsel, the C.M.A. May be heard at another date." https://hcservices.ecourts.gov.in/hcservices/ The Commissioner of Workmen's Compensation(Area II) Chennai has granted compensation prior to the passing of the award by the Tribunal. 5. The Claimants/respondents having got the benefit under the Workmen's Compensation Act, are not entitled to get further compensation under the Motor Vehicles Act before the Tribunal. Dual benefit cannot be granted. 6. In view of the above, this appeal is allowed. The award dated 23.04.1997 in MCOP No.135 of 88 on the file of the Motor Accidents Claims Tribunal,(Subordinate Court), Tindivanam, is set aside. Connected miscellaneous petition is closed. No cost. Appellants are entitled to withdraw the entire amount deposited along with accrued interest, if any. PAL Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1. The Motor Accident Claims Tribunal, (Sub Court), Tindivanam. 2. The Section Officer, VR Section, High Court, Madras. + 1 cc to MR. V. Srinivasan, Advocate SR No. 65490 CMA No. 458 of 1998 NTK(CO) SR/16.12.2008 https://hcservices.ecourts.gov.in/hcservices/