IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1580 of 2007 Date of decision:12.08.2010 New India Assurance Company Limited ...Appellant Versus Smt. Sawinder Kaur and others ....Respondents Present: Mr. Vinod Gupta, Advocate, for the appellant. Mr. Neeraj Khanna, Advocate, for respondents 1 to 3. ----- CORAM: HON'BLE MR. JUSTICE K. KANNAN ----- 1. Whether reporters of local papers may be allowed to see the judgment ? Yes. 2. To be referred to the reporters or not ? Yes. 3. Whether the judgment should be reported in the digest ? Yes. ---- K.Kannan, J. (Oral) 1. The Insurance Company is in appeal contending that the claimants had already filed an application for compensation under the Workmen's Compensation Act and after securing the same, he filed again the petition before the Motor Accident Claims Tribunal, under the Motor Vehicles Act. The Tribunal has redetermined the compensation by making a fresh reappraisal and again determined the compensation. The Tribunal has reasoned that the claim had been awarded only against his own employer and the insurer and another vehicle which was involved in the accident had been spared. The reasoning, in my view, is wholly untenable. FAO No.1580 of 2007 - 2 - 2. Section 167 grants the relief to a workman when he approaches either under the Motor Vehicles Act or under the Workmen's Compensation Act. If a claim is made under the Workmen's Compensation Act, inevitably the claim can be made only from his employer and the insurer. It will be fool hardy to believe that if a claim is made against his employer and the insurer, independent action will be possible against the owner and insurer of the other vehicle which was involved in the accident. The compensation ultimately is for death or injury and if that is done under an Act, it is immaterial who has paid and, in this case, if the payment has been made against the employer and the insurer, to duplicate a claim against yet another person, amounts to gross abuse of process. Section 167 is explicit in its language where it says that if injury or death gave rise to a claim for compensation under this Act and also under the Workmen's Compensation Act, the person entitled to compensation may without prejudice to the provisions of Chapter X claim such compensation under any of those Acts but not under both (emphasis mine). In the face of such clear language, to file a petition, to through the trial is a judicial waste of time. 3 The award is set aside. The appeal is allowed with cost assessed at Rs.5,000/- against the respondents. (K.KANNAN) JUDGE 12.08.2010 sanjeev