A.BANERJI, J. - (1.) HAVING heard Mr. A.K. Banerji and perused the judgment of the learned Single Judge of Orisa High Court in the case of Govind Nayak v. Shyam Sunder Soni and Ors. 1987 Accident and Compensation Cases page 19. We are not satisfied that this is a fit case for admission and interference of the order of the court below. The Motor Accident Claims Tribunal has awarded Rs. 84,000/- to the claimants No. 1 and 2 who are the parents of the deceased, Ashok Kumar, victim of the motor accident. The argument of the learned Counsel for the appellant, Insurance Co. is that the deceased was a cleaner of the truck and in employment of the owner was entitled to be awarded compensation what is provided in the Workman Compensation Act 1923. We are unable to agree with this view. On the application having been made for compensation to the Motor Accident Claims Tribunal, the Tribunal may proceed in- accordance with the Motor Accidents Claims Tribunal Act and Rules. It cannot import the guidelines nor rely on the provision of the Workman Compensation Act for determining the amount of compensation. The plea of the Insurance Company that the amount has not been rightly commutated is untenable.
(2.) WE have perused the judgment of the court below and we find nothing there to call for interference with the reasoning's of the decision. Consequently this appeal is dismissed.;