ORDER
Nirmal Singh, J.
1. The facts are not disputed in this case. Vijay Kumar, son of the appellant was a driver with respondent No.l, while driving a car, he met with an accident and had died. Ajay Kumar, son of respondent No.l was also travelling in the said car and he had also died in the same accident. Vijay Kumar was getting Rs. 250/- per month as salary from respondent No.l. The appellant filed a claim petition under Section 110-AA of the Motor Vehicles Act (hereinafter referred to as the M.V. Act) for compensation, The appellant also filed a petition before the Commissioner under the Workmen’s Compensation Act, 1923 (for short “the Act”). The learned Commissioner dismissed the petition of the appellant on the ground that in view of the provisions of Section 110-AA of the M.V.Act, the petition is not maintainable.
2. Mr. I.K.Mehta, Senior Advocate appearing for the appellant submitted that appellant is entitled to claim compensation under both the Acts. He further submitted that if the appellant is held entitled to claim compensation under the Workmen Compensation Act, then the compensation awarded by the M.A.C.T. will be adjusted. He pointed out that this is the intention of the legislature.
3. I have considered the submissions made by learned counsel for the appellant and perused the record.
Section 110-AA of the M.V. Act reads as under:-
“Not withstanding anything contained in the Workmen Compensation Act, 1923 when the death of or bodily injury to any person gives rise to a claim for compensation under the Act and also under the Workmen Compensation Act, 1923, the person entitled to compensation may claim such compensation under either of those Acts but not under both”.
4. A perusal of the above section makes it abundantly clear that when a person is entitled to claim compensation under the Motor Vehicles Act as well as under the Workmen Compensation Act, he may claim the compensation under either of the Acts but not under both the Acts. The intention of the legislature is very clear that the claimant has one form to choose for claiming the compensation. The appellant has been awarded the compensation under the Motor Vehicles Act, therefore, the learned Commissioner has rightly dismissed his application under the Workmens’ Compensation Act in view of the provisions of Section 110-AA of the Act.
5. For the reasons recorded above, there is no merit in the appeal. The same is dismissed.