THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR M.A.C.M.A.No. 138 of 2007. JUDGEMENT: Heard both the counsel on either side. This appeal was adjourned after hearing on the specific ground No.3 raised in the grounds of appeal and pressed at the hearing by the learned Counsel for the appellant. The claimants have filed a claim arising out of the very same accident under the Workmen’s Compensation Act and have received compensation amount of Rs. 3,56,980/- from the APSRTC which was the employer of the deceased driver. The learned Counsel for the appellant has placed before the court a letter bearing No. E1/1882/2002/-KRTL dt. 4.9.2006 written by the Depot Manager, Korutla to the Divisional Manager, United India Insurance Company Ltd., Karimnagar which reads as under: “Sub:-Death:Workmen Compensation paid to the Family members of Late B.Veeresham, E: 100066, Driver of Korutla Depot, who expired on 18.6.2002- Submission of Information –Reg. Ref:-Your Lr.No. 050800/TPCL/2006, dt. 10.8.2006. In terms of letter cited, it is to inform that an amount of Rs. 3,56,980/- was deposited before ACL/KRTL towards payment of workmen Compensation to the family members of Late B.Veeresham, E: 100066, Driver of Korutla Depot, who expired on 18.6.2002, while driving the vehicle No. AP-10-Z 7662 and met an accident with a Private Tipper No. ATT 2224.” Under Section 167 of the Motor Vehicles Act, 1988 it is not open for the claimants to seek compensation under the Workmen’s Compensation Act as well as under the Motor Vehicles Act. Having exercised the option to seek compensation under the Workmen’s Compensation Act and having received the compensation, the claimants are not entitled to once again seek compensation under the M.V. Act. The aforesaid aspect has been specifically raised in the grounds of appeal and pressed at the hearing has remained un-controverted for the respondents/claimants explaining the said situation, in spite of granting three adjournments for that purpose. Consequently, the impugned order under the appeal is set aside. The appellant is at liberty to withdraw the amounts if any deposited pursuant to the interim order of this Court in this appeal. The appeal is allowed. No order as to costs. _______________________________ VILAS V.AFZULPURKAR,J 2.8.2010. KRB. THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR M.A.C.M.A.No. 138 of 2007. JUDGEMENT: DT. 2.8.2010.