Vemula Raju vs Commissioner For Workmens ...
2023 Latest Caselaw 861 AP

 THE HON'BLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

      CIVIL MISCELLANEOUS APPEAL NO.1194 of 2005


JUDGMENT:-

      Learned counsel for the respondents would submit that, as per

Section 167 of Motor Vehicles Act, the party has to pursue his remedy

either before the Motor Accidents Claims Tribunal or before the

Commissioner for Workmen's Compensation Act.

In the present case, the applicant having suffered a decree on merits

before the Motor Accidents Claims Tribunal, Guntur, instead of preferring

appeal, filed claim petition before the Learned Assistant Commissioner of

Labour, Guntur, seeking compensation, which was rightly dismissed by

the learned authority.

This is not the case listed for the first time. The matter has been

adjourned from time to time.

Today, despite the matter is posted for hearing the appellant as a

last chance or 'for dismissal', there is no representation on behalf of the

appellant. It appears that the appellant has no interest in prosecuting the

matter.

Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall

be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall stand

dismissed.

_____________________________________________ JUSTICE VENKATA JYOTHIRMAI PRATAPA

Date: 14.02.2023 Pmk

THE HON'BLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

C.M.A.No.1194 of 2005

Date:14.02.2023 Pmk