BHAWANI SINGH, J. ( 1 ) THIS appeal is directed against the award of the Motor accidents Claims Tribunal, Chhatarpur in claim Case No. 23 of 1999. ( 2 ) SHORTLY stated, Shabbir Khan was driver of Lakhan Pratap Singh in jeep No. MP 16-A 4496. It met with an accident on 13. 5. 1999 when it struck against a roadside board and Shabbir Khan died, as a result of injuries received in this accident. At the time of accident Bhagwant Singh, aw 2, was also in the jeep. He also suffered injuries. The matter was reported to the police. F. I. R. was at the instance of bhagwant Singh in which he alleged rash and negligent driving by Shabbir Khan, to be the cause of accident. This report is exh. P-1-C. ( 3 ) THROUGH the claim petition, compensation has been claimed by the claimants who happen to be the wife and children of the deceased. The jeep was insured with new India Assurance Co. Ltd. Lakhan pratap Singh states that Shabbir Khan was a perfect driver having a valid driving licence. While the insurance company states that the jeep was being used for hire and reward by the District Small Forest Produce Union, Chhatarpur, though it was insured for private use only. This way, claim is not maintainable and claimants should move the Commissioner for Workmen's Compensation, for compensation. ( 4 ) ON the pleadings of the parties, it is found that the accident took place due to rash and negligent driving of the jeep and not because of sudden defect, developing in the engine thereof, as alleged. Shabbir khan was the driver of the jeep and Lakhan Pratap Singh, the owner thereof. Shabbir Khan died in this accident. The jeep was insured with the insurance company. However, claimants are not entitled to compensation because the driver himself was negligent in causing the accident and he cannot take advantage of his own negligence. Consequently, the claim petition has been rejected. It has been found that the jeep was on hire with the District Small produce Co-operative Union, Chhatarpur. Claimants can approach the Commissioner, workmen's Compensation for compensation. The Tribunal has assessed the income of deceased at Rs. 4,000 per month against the claim of Rs. 6,000 per month. Claimants are not satisfied with this award, therefore, it has been challenged through this appeal. Claimants can approach the Commissioner, workmen's Compensation for compensation. The Tribunal has assessed the income of deceased at Rs. 4,000 per month against the claim of Rs. 6,000 per month. Claimants are not satisfied with this award, therefore, it has been challenged through this appeal. ( 5 ) THE question for determination is how the accident has taken place and who is responsible for the same? F. I. R. has been lodged by Bhagwant Singh, AW 2. He has stated that the jeep was being driven rashly and negligently which caused the accident. It has been signed by him and exhibited by shahjahan, AW 1, Bhagwant Singh, AW 2, has admitted lodging of F. I. R. and making of statement. With this background, it is difficult to accept his statement that the accident occurred due to mechanical defect. Therefore, finding of negligence on the part of driver by Claims Tribunal is sustainable and is upheld. Having come to the aforesaid conclusion, the claim petition is not maintainable. Claimants are entitled to approach the Commissioner for Workmen's Compensation, for compensation under the Workmen's Compensation Act, 1923. If they approach the Commissioner within a month, application shall be entertained and decided on merits in accordance with law at the earliest. Orders accordingly. .