NATIONAL INSURANCE COMPANY LTD. Vs. GIAN KAUR

JUDGEMENT

(1.) The award dtd. 16/11/2005 passed by the Motor Accident Claims Tribunal, Amritsar [for brevity 'the Tribunal'] under Sec. 163-A of the Motor Vehicles Act, 1988 [for brevity '1988 Act'] has been assailed in two appeals, one by the Insurer of truck bearing registration No. RJ-19G-3481 [hereinafter referred to as 'offending vehicle'] and other by the claimants.

(2.) The grievance raised by the Insurer is that claimants have already availed compensation under Workmen's Compensation Act, 1923 (hereinafter referred to as '1923 Act') and Sec. 167 of 1988 Act debars the claiming of compensation under both the Acts i.e. 1923 Act and 1988 Act. The appeal filed by the claimants is for enhancement of compensation.

(3.) The facts emanating from the record are that on 26/8/2002, truck bearing registration No. CG-04ZC-3043 [hereinafter referred to as 'truck'] and Gujarat State Transport Bus bearing registration No. GJ/18V/8060 met with an accident at Jambva Crossing on National Highway-8 in the area of Police Station Makarpura, Vadodara City. After the accident, the Truck was standing on side of the road, at that time offending vehicle dashed into the truck from back side and thereafter vehicle bearing registration No. RJ-19-G-3481 struck into the truck from back side. Thereafter another truck bearing registration No. AP-11W-5497 struck against the truck. As a result, Jagtar Singh sustained injuries and lost his life.