A person entitled to compensation under both the Motor Vehicles Act and the Workmen's Compensation Act for the same accident must choose one of the forums and cannot claim compensation under both.

FA No.9 of 1993 has been filed against the judgment dated 3.3.1993 passed by the learned Motor Accident Claims Tribunal at Manipur in MAC Case No.42 of 1989. The learned Tribunal by interpreting section 167 of Motor Vehicles Act, 1988, (corresponding section 110 AA of Motor Vehicles Act, 1939) has held that the heirs have the option either to file an application under Motor Vehicles Act for compensation or to file application under the Workmen's Compensation Act. a The learned Tribunal came to the finding that the heirs are not entitled to approach both the forum as in the instant case the heirs obtained compensation under the Workmen's Compensation Act earlier to the tune of Rs.64,621, he held that the subsequent application filed for compensation under Motor Vehicles Act is not maintainable and accordingly refused to pass an award on the application.

2. MA (F) 4 of 1996 and 5 of 1996 has been referred to a Division Bench by the learned Single Judge of this Court on 6.5.1998 to decide that the same question and accordingly we have heard all the three appeals together.

3. We have heard Mr. HNK Singh, learned counsel for claimant/appellant in FA No.9 of 1993 and Mr. Ibotombi, learned counsel for Union of India, Mr. RM Nath, learned counsel for appellant in both the MA (F) 5 of 1996 and 4 of 1996 and Mr. HNK Singh, learned counsel for respondent in MA (F) 5 of 1996 and 4 of 1996.

4. Before we proceed further, let us quote section 167 of the Motor Vehicles Act, 1988.

“167. Option regarding claims for compensation in certain cases- Notwithstanding anything contained in the Workmen's Compensation Act, 1923 (8 of 1928), where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workmen's Compensation Act, 1923, the person entitled to compensation may without prejudice to the provision of Chapter X claim such compensation under either of those Acts but not under both.”

5. Section 167 as will be evident open with the words option regarding claims for compensation in certain cases. It will be further seen that the section commences with notwithstanding anything contained in the Workmen's Compensation Act, 1923. This means what the provisions follows, are to be effective notwithstanding anything contained under the provisions of Workmen's Compensation Act or under the Motor Vehicles Act for the same injury sustained by him, but he cannot make claim before both the forums and the statute is very clear that he is entitled to claim compensation either of the two. This section gives a choice to the claimant to make his claim before either of the two, but not before the both forums. Therefore, we are of the opinion that this section bars the claim compensation before both the forum for the same accident. Mr. HNK Singh, learned counsel appearing for appellant in FA 9 of 1993 strenuously submits that if the cause of actions are different, ie, if one is a claim against the employer 8 and the other is against the tort feasors, he will have the right to proceed in both the forum. No doubt, he fairly submits that the compensation which one may get before one forum that may be deducted at the time deciding the compensation before the other forum.

6. Mr. Singh, learned counsel relied on the following decisions:

1. AIR 1985 Delhi 72 (Surender Kaur vs. Dharam Singh) there the judgment was passed by Single Judge of Delhi High Court and in that particular case, the accident occurred on 20.4.1967 and the section 11OAA (corresponding section 167 now in the Act) was brought into the statute book on and from 1970. Further in this case the application for compensation was filed before the Tribunal in the year 1967, ie, before section 11 OAA came into force. Fault found with the judgment of the Tribunal, in that case was that the Tribunal deducted certain amount of money payable to the deceased on account of Provident Fund, Gratuity, Pension and other things of the deceased which the legal representat

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