M/S. SYNERGIC MEDICAL INTERNATIONAL Vs. COMMISSIONER UNDER THE WORKMENS COMPENSATION ACT, 1923 AND ANOTHER

JUDGEMENT

(1.) THE petitioner was the respondent in a claim petition filed by the Workmen under the Workmen's Compensation Act seeking for compensation for an employment injury. The employment injury was the result of a user of motor vehicle which gave rise to a cause of action for claim against the offending vehicle. It appears that the case before the Motor Accident Claims Tribunal was disposed of and an award has been passed. After securing the award the claimant makes out a claim also against his own employer for compensation under the Workmen's Compensation Act. The objection taken by the employer that the workman had already availed of compensation under the Motor Vehicles Act and therefore there was bar under Section 167 of the Motor Vehicles Act was rejected on a reasoning that the Act would bar a claimant for compensation if only it was made against the very same person and will not take away a right of a workman to make an independent case against the employer. The reasoning is erroneous. Section 167 of the Motor Vehicles Act reads as follows: -

(2.) THE impugned order is set aside and the civil revision is allowed.