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This appeal is preferred by Divisional Manager, New India Assurance Company Limited against the order passed by the learned Labour Officer and Commissioner for Workmen's Compensation, Sub- Division-2, District Vijayapur, in WCA/SR.No.42/2008, under the Workmen's Compensation Act, 1923.

2. In order to avoid confusion, the parties are hereby referred to, in accordance with the rankings held by them before the Commissioner for Workmen's Compensation. The learned Commissioner for Workmen's Compensation has disposed of three claim petitions No.42, 43 and 44 of 2008 and all the said matters were disposed of by learned Member through common order dated 08.04.2010. The claim by the petitioner in WCA/SR.No.42/2008 is that he was a workmen under the respondent No.1 Siddappa, as a cleaner of the lorry bearing No.MH-10/Z-929. Thus, no doubt that the accident occurred on 21.09.2007 and the injuries suffered by the petitioner. The accident of the lorry in the course of bringing the articles required for marriage. Thus, the amount of Rs.4,00,000/- was claimed as compensation because of the injuries sustained by him. The respondents before the Commissioner are two. Respondent No.1 Siddappa is the owner of the lorry and respondent No.2 is the insurer of the said lorry. In the context and circumstances of the case, that the petitioner had two opportunities to claim compensation for accidental injuries i.e., under Motor Vehicles Act, 1988 or Workmen's Compensation Act, 1923, but not and, he could have chosen one forum for claiming compensation. Both under Motor Vehicles Act and Workmen's Compensation Act, the remedies are available but it does not lye in both of them. The scheme of compensation would be basing on the liability in so far as Motor Vehicles Act is concerned, the workmen sustaining injury or facing death, in which event, the liability determined on the owner and the insurer upon the possessing valid and effective driving license and policy. In so far as the Workmen's Compensation Act is concerned, the ingredients that are required to claim compensation by workmen or injuries sustained by workmen in accident arising out of and in the course of employment. Secondary, occupational disease suffered by the workmen because of the nature of the employment and the cause for labouring the disease was due to occupation. In so far as death of workmen is concerned hit injury or occupational disease the compensation is available.