M.Y.EQBAL D.K.SINHA, J. - (1.)HAVING heard the learned counsel for the appellant in the limitation matter, delay in filing this appeal is condoned. LA. No. 1867 of 2006 stands disposed of.
(2.)THE claimant -appellant has filed this appeal challenging the judgment/award passed by the Motor Accidents Claims Tribunal, Jamshedpur, whereby Compensation Case No. 41 of 1998 was dismissed.
According to the claimant -appellant, on 29.4.1998 at about 8.30 a.m. while she was proceeding to attend her office and as soon as she reached near Tisco Town Office, one dumper bearing registration No. OR 09 -7592 coming in excessive speed dashed the claimant, Girja Devi, as a result of which she fell down on the earth and sustained grievous injuries on her left leg and she was removed to T.M. Hospital where she got her treatment. When the notice of claim case was received by the respondent, written statement was filed wherein it was stated that claimant received compensation of Rs. 81,331.00 from the employer under the Workmen's Compensation Act on the basis of the order passed by the Commissioner, Workmen's Compensation. In view of non -disclosing the aforesaid fact the claimant -appellant received ad interim award of Rs. 25,000.00 from Tribunal, she is not entitled to get any compensation u/s. 166 of the Motor Vehicles Act, 1988 . However, at the time of final hearing of claim case, documents were filed including the order passed by the Commissioner, Workmen's Compensation, which was marked as Exh. A, wherefrom it appears that the appellant received compensation of Rs. 81,331.00 for sustaining injuries on her leg in an accident. Accordingly, the Tribunal dismissed the claim application of the claimant -appellant. The Tribunal, however, observed that the interim compensation of Rs. 25,000.00 paid by the insurance company to the claimant cannot be recovered from the claimant. We do not agree with the aforesaid observation made by the Tribunal, as noticed above. As the claimant -appellant received compensation under the Workmen 'sCompensation Act and pursuant to the order passed by the Commissioner, Workmen's Compensation, she had no right to file application before the Claims Tribunal concealing the fact that she had already received compensation.

(3.)IN that view of matter, we are of the view that the appellant must return the ad interim compensation of Rs. 25,000.00 to the insurance company within 4 weeks, failing which this order shall be executed by the Tribunal for recovery of the amount from the claimant -appellant.