ORIENTAL INSURANCE CO LTD Vs. VED KAUR

JUDGEMENT

(1.) Petitioner has filed this revision petition under Article 227 of the Constitution of India with a prayer to set aside order dated September 29, 1995, (Annexure P-1).

(2.) It is apparent from the records that in a motor accident, Satish Kumar son of respondents No.1 and 2, had died on April 13, 1991. At that time, he was 24 years of age and was earning Rs. 1200/- per month, besides getting Rs. 20/- towards his daily expenses. Respondents No. 1 and 2 then moved an application under Section 140 read with Section 166 of the Motor Vehicles Act, 1988, (for short the Act) for getting compensation. During pendency of that application, they also moved an application, for grant of compensation, under the provisions of the Workmen's Compensation Act, 1923. As advised, before the Motor Accidents Claims Tribunal on September 27, 1993, following statement was made by respondent No. 2: 'It is stated that I have received a total sum of Rs.25000/- in the above claim petition and therefore I do not want this claim petition to proceed further."

(3.) It is necessary to mention here that the statement, referred to above, was not signed by respondent No. 1 and that respondent No. 3 was not a party to the said application. Before the Commissioner under the Workmen's Compensation Act, 1923, the petitioner raised an objection that once respondents No.1 and 2 had accepted Rs. 25,000/- towards full and final settlement of their claim, they cannot proceed with their application, for compensation, under the Workmen's Compensation Act, 1923. That objection was rejected by the competent authority vide the impugned order. By noticing facts of the case, as referred to above, the Commissioner has observed thus: