NATIONAL INSURANCE CO LTD Vs. HARI SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated 29.3.1996, rendered by the Commissioner under the Workmen's Compensation Act, 1923, vide which the application moved by the revision petitioner herein for dismissing the petition, at the preliminary stage, was declined.

(2.) Ram Saran, aged about 23 years, working as driver on the tractor No. HYF 3558, died on 24.7.1993 while driving the same, when he met with an accident, during the course of his employment near the Wine Factory, Hisar. Vehicle was insured with the insurance company and, thus, an amount of Rs. 1,50,000 was claimed as compensation by filing a petition by claimants before the Workmen's Compensation Commissioner. National Insurance Co. Ltd. (revision petitioner) moved an application before Workmen's Compensation Commissioner, praying for dismissal of the petition, as the claimants had already filed a petition, bearing No. 54-M.A.C.T. of 1993, under section 166 of the Motor Vehicles Act, titled as Hari Singh v. Man Singh before the Motor Accidents Claims Tribunal, Hisar, claiming compensation on account of the death of Ram Saran and the Claims Tribunal had awarded Rs. 86,400 as compensation on 31.8.1995. The application was dismissed by the Workmen's Compensation Commissioner holding that the claimants could resort to both the remedies, under the Motor Vehicles Act as also under the Workmen's Compensation Act.

(3.) Feeling aggrieved against the order impugned vide which the application filed by National Insurance Co. Ltd. was dismissed, the instant revision petition was filed by the revision petitioner.