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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
National Insurance Company Ltd. – Appellant
Versus
Manju Bai W/o. Late Jagdish Raiger – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2) |
| 2. arguments regarding entitlement to compensation. (Para 3 , 4 , 5) |
| 3. observations on claim petitions and timeline. (Para 6 , 7 , 8 , 9) |
| 4. statutory interpretation of section 167. (Para 10 , 11 , 12) |
| 5. doctrine of election in claims for compensation. (Para 13 , 14 , 15 , 16) |
| 6. rejection of dual claims confirmed. (Para 17) |
| 7. court's final conclusions and orders. (Para 18 , 19 , 20 , 21) |
ORDER :
ANOOP KUMAR DHAND, J.
For convenience of exposition, this judgment is divided in the following parts: -
INDEX
| (1) | Factual Matrix |
| (2) | Contentions of the Appellant |
| (3) | Contentions of the Respondents |
| (4) | Analysis, Reasoning & Findings |
| (5) | Conclusions & Directions |
1. Since common questions of law and facts are involved in both the appeals, with the consent of counsel for the parties, arguments have been heard together and both the appeals are being decided by this common order.
Factual Matrix:-
2. The instant misc. appeals have been preferred against the impugned awards dated 10.12.2012 and 29.08.2011 passed by the Workman Compensation Commissioner, Bundi and Workman Compensation Commissioner, Jaipur-I in WCC Case Nos.10/2011 and 185/2009 respectively.
Co
Under Section 167 of the Motor Vehicles Act, claimants can only pursue compensation under either the Motor Vehicles Act or the Workmen Compensation Act, not both for the same incident.
Point of law : Reference Court is required to decide the respective References afresh by permitting the parties including the claimants to lead their evidence and thereafter to determine the prayer f....
The amended Second Schedule has to be taken into account in pending proceedings under Section 163A for deciding the quantum of compensation.
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