SUSILA DEVI Vs. PRAKASH GUPTA

JUDGEMENT

(1.) This appeal is directed against the Judgment and Award dtd. 29/7/2015 passed by learned Member MACT Cachar, Silchar in favour of the appellant/claimant in MAC Case No. 205/2012 challenging the method adopted by the Tribunal for computation of compensation under Workmen's Compensation Act though the claimant has filed her claim case under Motor Vehicles Act.

(2.) The only point raised by learned counsel for the appellant as well as respondent/Insurance Company is that when the claim of the appellant/claimant is under Motor Vehicles Act, 1988, the Tribunal should not have computed compensation under Workmen's Compensation Act, 1923 and the option is open to the claimant only under Sec. 167 of the Motor vehicles Act and not to the discretion of the Tribunal to adopt under which of the Act compensation be computed.

(3.) In the case in hand, the accident, involvement of Oil Tanker bearing Reg. No. AS-01/N-2665 and death of the deceased Ram Parvesh Mahato are not in dispute. The only issue to be discussed whether the legal representatives of the deceased lay claim under Sec. 166 of M.V. Act i.e., under fault liability principle and whether the Tribunal under the M.V. Act was empowered to adjudicate such claim.