J.V. Gupta, J. - (1.) THIS appeal is directed against the order of the Commissioner, Workmen's Compensation, Union Territory Chandigarh, dated 24 July, 1978, under the Workmen Compensation Act, 1923, whereby the application filed by the workmen Under Section 19 thereof was dismissed on the ground that they had already moved the Court of the Motor Accident Claims Tribunal Chandigarh for payment of the compensation.
(2.) IN view of the judgment of this Court in Trading Engineering, New Delhi v. Nirmala Devi : 1980 A. C. J. 230, no meaningful argument could be raised on behalf of the Appellant to challenge the impugned order. It has been held by this Court vide said judgment that persons who are entitled to compensation can claim the same either under the Workmen's Compensation Act or under the Motor Vehicles Act. Admittedly, the Appellants have claimed the compensation under the Motor Vehicles Act. Consequently, the appeal fails and is dismissed with no order as to costs.;