ORIENTAL INSURANCE CO. LTD. Vs. PREETI

JUDGEMENT

(1.) This appeal is filed by the Insurance Company under Sec. 173(1) of the Motor Vehicle Act, 1988 being aggrieved of the award dtd. 30/4/2022 passed by the learned 12th Motor Accident Claims Tribunal, Bhopal in MACC No.2729/2019 awarding certain compensation in favour of the claimant. This appeal is filed only on the ground that the claimant was a cleaner of the offending vehicle bearing No.MP09-KC-4479. This vehicle was driven by Salim Khan and owned by Anil Chouhan S/o Mahendra Singh Chouhan and the truck was insured with Oriental Insurance Company Limited at Bhopal. It is submitted that claimant should have preferred a claim petition against the owner under the Workmen Compensation Act, 1923.

(2.) Shri Shukla's concern is covered in terms of 'Doctrine of Election' Supreme Court in C. Beepathumma and Others Vs. Velasari Shankaranarayana Kadambolithaya and Others, AIR 1965 SC 241, (three Judge Bench) dealt with the elements that go to constitute the pre requisites for applying the doctrine of election. The context however, was different, but the principles it stated, are as under:

(3.) The same principle is stated in White and Tudor's Leading Cases on Equity Vol. 18th Edn. at p. 444 as follows: