TRADING ENGINEERING Vs. NIRMALA DEVI

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India, against the order of the Commissioner under Workmen's Compensation Act, dated l4th September, 1979.

(2.) One Shri Ram Chander, workman, resident of Sohna, Dist. Gurgaon, died in an accident on 6th January, 1976. His: widow, Shrimati Nirmala Devi, respondent, filed an application under the Workmen's Compensation Act, 1923, on l3th November, 1978, claiming death compensation of her husband. Along with that application, an application for condonation of delay under Section 5 of the Indian Limitation Act, was also filed in the written statement filed on behalf of the employer, an objection was taken that the application was not maintainable, as the widow has already received Rs. 10,000/- under the Motor Vehicles Act, 1939, as she had applied for compensation along with the parents of her deceased husband in the Court o! the Motor Accident Claims Tribunal, Gurgaon, and she was awarded Rs. 10,000/-. It was also stressed that the application is time-barred and also barred-under Section 110-AA of the Motor Vehicles Act, 1939. On the pleadings of the parties the learned Commissioner framed the following issues:-

(3.) In order to appreciate the contention of the learned counsel for the petitioner, reproduction of Section 110-AA of the Motor Vehicles Act is necessary. It reads thus:- "Notwithstanding anything contained in the Workmen's Compensation Act, 1923 (8 of 1923), where the death of or bodily injury to any person gives rise to a claim for compensation under this Act and also under the Workmen's Compensation Act, 1923, the person entitled to compensation may claim such compensation under either of those Acts but not under both". From the language of this section it is quite clear that a person entitled to compensation under both the Acts may claim such compensation under either of those Acts, but not under both. In support of this, a judgment of the Himachal Pradesh High Court, reported as Smt. Gayatri Devi v. Tani Ram AIR 1976 Him Pra 76 may be refereed to. In para 9 thereof, it has been observed, that: