S.S. Sodhi, J. - (1.) The matter here concerns the maintainability of a claim for compensation under the Workmen's Compensation Act, (hereafter referred to as 'the Act'). The question posed being, does the filing of a claim for compensation under Sec. 110 -A of the Motor Vehicles Act, which is later withdrawn, debar subsequent recourse to the provisions of the Act for seeking compensation on the same cause of action ?
(2.) The facts leading to the controversy here are that Ajit Singh, who was employed as a driver with Dashmesh Bus Service, met with an accident while driving their bus PUM -7105. It is said that this bus was being driven by him in the course of his employments This happened on December 15, 1975. Two days later, that is, on December, 17, 1975, he succumbed to the injuries sustained by him in the accident, and died.
(3.) The said Ajit Singh died leaving behind his widow Jangir Kaur and their four minor children. A claim for compensation was filed by them before the Motor Accident Claims Tribunal under Sec. 110 -A of the Motor Vehicles Act. This claim was, however, withdrawn before it could be adjudicated.;