ORIENTAL INSURANCE CO. LTD. versus DYAMAWA & ORS.

ORIENTAL INSURANCE CO. LTD. versus DYAMAWA & ORS.

Claimants, having first filed the claim under Section 166 of the Motor Vehicles Act, 1988, and not having exercised their option under Section 10 of the Workmen's Compensation Act, 1923, are entitled to compensation under Motor Vehicles Act, subject to deduction of amount received under Workmen's Compensation Act. Dual benefit is not permitted and deduction gives full effect to Section 167.

Parties
Appellant: Oriental Insurance Co. Ltd.; Respondents: Dyamawa Yalgurdappa & Others
Jurisdiction
India
Judgment Date
05 February 2013
Procedural Posture
Civil Appeal / Decision on Final Appeal
Outcome
Appeal dismissed; judgment of High Court affirmed.
Legal Topics
Compensation for Death in Accident, Deduction of Compensation, Doctrine of Election, Workmen's Compensation, Motor Accident Claims
Motor Vehicle Law Labour Law Insurance Law Compensation for Death in Accident Deduction of Compensation Doctrine of Election Workmen's Compensation Motor Accident Claims

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Parties

Oriental Insurance Co. Ltd.

Appellant

Dyamawa Yalgurdappa & Others

Respondents

Procedural Posture

Civil Appeal / Decision on Final Appeal

Legal Issues

  1. 1 Whether claimants are precluded from seeking compensation under Motor Vehicles Act, 1988 after receiving compensation under Workmen's Compensation Act, 1923
  2. 2 Interpretation of 'option' under Section 167 of Motor Vehicles Act, 1988

Ratio Decidendi

Claimants, having first filed the claim under Section 166 of the Motor Vehicles Act, 1988, and not having exercised their option under Section 10 of the Workmen's Compensation Act, 1923, are entitled to compensation under Motor Vehicles Act, subject to deduction of amount received under Workmen's Compensation Act. Dual benefit is not permitted and deduction gives full effect to Section 167.

Court Disposition

Appeal dismissed; judgment of High Court affirmed.

Orders

  • Compensation of Rs. 11,44,440/- awarded under Motor Vehicles Act to claimants, with deduction of Rs. 3,26,140/- received under Workmen's Compensation Act.