BHARTI AXA GENERAL INSURANCE CO LTD Vs. SHANTI

JUDGEMENT

(1.) Arguments heard.

(2.) This Civil Revision has been filed by the applicantInsurance Company under Section 115 of the Code of Civil Procedure against the order dated 13/12/2011 passed in Case No.01/B/WCA/10(F) by the Commissioner [Workmen's Compensation No.1), Gwalior (MP) challenging the maintainability of the claim application under Workmen's Compensation Act on the ground that claimants have already taken compensation under Section 166 of Motor Vehicles Act filed before learned Motor Accident Claims Tribunal from the owner/insurer of the vehicle, which dashed the vehicle driven by deceased driver Phool Singh, who died in the accident.

(3.) Learned counsel for the applicant- Insurance Company has submitted that according to the provisions of Section 167 of Motor Vehicles Act if any claimant prefers any claim under Section 166 of Motor Vehicles Act, then he cannot claim compensation under Workmen's Compensation Act. In support of his submission, he placed reliance on the decision of Hon'ble Supreme Court in the matter of National Insurance Company Limited Vs. Sebastian K.Jacob, 2009 4 SCC 778, in which it has been held that if the claimant has received compensation from more than one Insurance Company under Sections 147 and 149 of Motor Vehicles Act, 1988 and he is again claiming the whole of the claim amount from the Insurance Company, hence the matter is remitted to the High Court for fresh consideration because the High Court has not considered the aspect that claimant had already received damage claim.