IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.191 of 2012 (O&M) Date of decision:11.01.2013 Smt. Usha Rani and others ...Appellants versus Ram Kumar and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.Kulwant Singh Dhanora, Advocate, for the appellants. Ms. Seema Pasricha, Advocate, for respondent No.3. ---- K.Kannan, J. (Oral) 1. The appeal is for enhancement of compensation for death of a male, aged 27 years, where the claimants were widow, minor sons and father. In this case, it was in evidence that the workman had secured compensation under the Workmen's Compensation Act as well. The Court, while assessing compensation under the Motor Vehicles Act, allowed for deduction of the amount determined under the Workmen's Compensation Act and awarded excessive amount determined under the Motor Vehicles Act. I am afraid, the judgment is erroneous, for, the law mandates an option to be exercised in terms of Section 167 of the Motor Vehicles Act. A representative of the deceased shall have only one option of either to FAO No.191 of 2012 (O&M) - 2 - make a claim under the MV Act or under the WC Act. If the representatives have exercised that option, it forecloses a right of prosecution before the Motor Vehicles Act. 2. I do not find any scope for enhancement since the Insurance Company itself is not in appeal. The appeal is dismissed. (K.KANNAN) JUDGE 11.01.2013 sanjeev