NEW INDIA ASSURANCE CO. LTD. Vs. RINA MECH

JUDGEMENT

(1.) I have heard Ms. M. Choudhury, learned counsel for the appellant Insurance Company. I have also heard Shri. P. J. Saikia along with Shri. A. K. Gupta, learned counsels for the claimant/respondent.

(2.) The principal ground of challenge in this appeal filed under Section 173 of the Motor Vehicles Act, 1988 is with regard to the application of Section 167 of the said Act. In this case, the appellant has put to challenge a judgment and award dated 12.12.2012 passed by the Motor Accident Claimant's Tribunal, Dibrugarh in M.A.C. Case No. 27/2011. The case projected in the appeal is that the claimant had earlier approached the Workmen's Compensation Commissioner, Sivsagar vide SWC Case No. 01/2012, in which vide judgment dated 17.02.2012 a sum of Rs. 4,50,000/- has been awarded. Thereafter, the claim was made before MACT, Dibrugarh in which an award of Rs. 19,20,976/- has been passed. As indicated above, the challenge is mainl on the ground that under Section 167 of the Motor Vehicles Act, 1988, there is an express bar in instituting two proceedings pertaining to the same accident one under the WC Act and one under the Motor Vehicles Act 1988.

(3.) The facts in brief are narrated here in below.