Case Note & Summary
The High Court allowed appeal by Insurance Company against MACT award granting compensation of Rs.4,94,000/- to legal heirs of deceased R.Manju -- Deceasdaram Alliance ed died in accident on 31.05.2006 while travelling as cleaner in lorry -- Claimants had initially filed under Workmen's Compensation Act, 1923 and obtained award on 15.10.2008 -- They subsequently filed claim under Motor Vehicles Act, 1988 -- Court held claimants exercised option under Workmen's Compensation Act and were barred from filing under Motor Vehicles Act for same cause of action -- Award under Workmen's Compensation Act was executable order -- MACT proceedings were not maintainable -- Tribunal's award set aside with direction for refund to insurance company
Headnote
The High Court of Karnataka allowed appeal filed by insurance company against judgment and award of Motor Accident Claims Tribunal -- Court held claimants who had previously filed claim petition under Workmen's Compensation Act, 1923 and obtained award were barred from filing subsequent claim under Motor Vehicles Act, 1988 for same cause of action -- Principle of election of remedies applied -- Award under Workmen's Compensation Act dated 15.10.2008 in W.C.No.58 of 2007 was executable order against employer and owner -- Subsequent M.V.C.No.629 of 2011 was not maintainable -- Tribunal's award set aside -- Insurance company entitled to refund of deposited amount
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Issue of Consideration: Whether claim petition under Section 166 of Motor Vehicles Act, 1988 is maintainable when claimants had previously filed and obtained award under Workmen's Compensation Act, 1923 for same accident
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Final Decision
Appeal allowed -- Impugned award of Tribunal set aside -- Insurance company entitled to refund of amount deposited before High Court -- Amount to be transferred to concerned MACT -- Claimants at liberty to execute award in W.C.No.58 of 2007 before concerned forum
