THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1874 of 2011 JUDGMENT: The appeal is filed against the order dated 07.04.2005 in O.P.No.433 of 2003 on the file of the Motor Accident Claims Tribunal- cum-District Judge, East Godavari District at Rajahmundry in dismissing the claim of the applicants consequent on the death of the deceased Sade Yedukondalu in a motor accident. The deceased was said to be the employee of the 1st respondent on a tractor-trailer and on 07.10.2002 while he was on duty, the tractor turned turtle and the deceased received injuries and died instantaneously. The 1st petitioner is the wife and the 2nd petitioner is the son and they are dependants on the deceased, who is said to be aged about 40 years. The 1st respondent remained ex parte and the 2nd respondent filed written statement putting the petitioners to strict proof of the allegations. The lower Tribunal after considering the evidence on record and accepting the cause of death and also fixing the earning capacity of the deceased at Rs.2,000/-, has arrived at compensation of Rs.2,60,000/- but relying on a decision reported in Addala Lakshmi v. G.Subhadramma[1], found that the provisions of Section 163-A of the Motor Vehicles Act or Section 166 of the Motor Vehicles Act are not applicable and it is only under the provisions of the Workmen’s Compensation Act, the compensation is determinable and accordingly, dismissed the application. There is no dispute about the fact that the remedy of the petitioners is either to approach the Workmen’s Compensation Tribunal or the Motor Accident Claims Tribunal under Section 167 of the Motor Vehicles Act. The only thing is as to the procedure for arrival of the quantum of compensation payable to the deceased, when he was employed and died in course of employment. Therefore, merely because the application was filed under Section 163-A or 166 of the Motor Vehicles Act, the claim of the petitioners should not have been dismissed and the lower Tribunal should have arrived at the compensation by applying the provisions of the Workmen’s Compensation Act. Though the claim of the appellants is that the deceased was drawing a salary of Rs.3,000/-, the lower Tribunal has considered the salary of the deceased at Rs.2,000/- per month. Taking into consideration the above fact and applying the Workmen’s Compensation Act, the factor that will be applicable is 184.17 and as the lower Tribunal fixed the salary as Rs.2,000/- only, 50% is to be taken into consideration i.e. Rs.1,000/- as salary of the deceased, as it is a case of death. Hence, the petitioners are entitled for Rs.1,84,170/- rounded off to Rs.1,85,000/- (Rupees one lakh eighty five thousand only). The insurance policy of the vehicle being admitted, the respondents are liable to pay the same. Therefore, taking into consideration the above facts, the compensation of Rs.1,85,000/- (Rupees one lakh eighty five thousand only) is granted and since the matter is being dealt with as a claim under Workmen’s Compensation Act as held by this Court in the case of Kore Laxmi v. United India Insurance Co. Ltd.[2], the insurance company is directed to deposit the amount within three months, failing which the interest will be carried at 7.5% per annum. On such deposit, the lower Tribunal shall pass orders for apportionment between the petitioners in the claim petition. With the above directions, the appeal is allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 08-09-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1874 of 2011 DATE: 08-09-2011 MR [1] 2003(6) ALD (NOC) 52 [2] 2005 (1) ACJ 543 (AP)