NEW INDIA ASSURANCE CO LTD Vs. AHILYA DEVI

JUDGEMENT

(1.) THE impugned award is dated 25.10.2008 vide which a sum of Rs.4,42,000/- had been awarded in favour of the claimants. This was in Claim Petition No. 118/2007. This was a death accident case; Pramod Kumar had succumbed to his injuries in the accident which had occurred on 09.06.2007. On the same date, Jeet Singh had sustained injuries; in Claim Petition No. 184/2007 the claimants had been awarded a sum of Rs.1,04,000/-. Both the amounts were to carry interest @ 7.5% per annum from the date of the institution of suit till payment.

(2.) TWO appeals had been preferred both of which shall be decided by a common judgment.

(3.) THIS submission of learned counsel for the respondent has force; the option given to the claimants to opt for consideration of their claim either under the MV Act or under Workmen's Compensation Act is a statutory option as contained in Section 167 of the MV Act. It is also borne out from the record that nowhere till the time of filing of this appeal this ground had been urged; it was never the objection of the insurance company that the claim of the claimants could not have been considered under the MV Act. THIS submission of learned counsel for the appellant is accordingly rejected.