UNITED INDIA INSURANCE CO LTD Vs. KADARBI

JUDGEMENT

(1.) - Whether the claimants, who sought to recover compensation in respect of the death of the person in a motor vehicle accident and who got awards in their favour both under the Workmen's Compensation Act and Motor Vehicles Act, cannot exercise their option to claim compensation under either of the enactments in the appeals filed by the insurer against the respective awards, is the short but interesting point that arises for consideration in these appeals. To understand the circumstances under which this point has come up for consideration, only a few facts need be stated.

(2.) One Mohammed Hussain was employed as a driver under one Sri N. K. Dada Peer in his lorry bearing registration No. MYY7004 and in the course of such employment he was driving the said lorry from Davangere to Kollegal. On 20-4-1988 when he was proceeding on National Highway No. 4, just before Hiriyur he stopped the lorry and went to ease himself. When he was returning back to get into his lorry, the lorry bearing registration No. MEG-5895 came from Chitradurga side in a rash or negligent manner and dashed against Mohd. Hussain and caused his spot death. The lorry MEG-5895 had been insured with Oriental Insurance Company and the lorry No. MYY-7004 had been insured with United Insurance Company.

(3.) Smt.Kadarbi and Smt. Noorjahanbi the two wives of the said Mohd. Hussain filed a petition against the employer and the insurer of lorry No. MYY-7004 in W.C. No. 32 of 1988 before the Commissioner for Workmen's Compensation, Davangere for recovery of compensation. That petition was filed on 21-05-1988. The said claim was allowed by the Commissioner by his order dated 28-12-1990 awarding payment of compensation of Rs. 57,078 / - and interest thereon and the insurer was jointly and severally held liable to make good the compensation, with the employer.