NATIOANAL INSURANCE CO LTD Vs. PARVEEN

JUDGEMENT

(1.) This appeal is filed by the insurance company against whom the award was passed=by the learned Commissioner under Workmen's Compensation Act (hereinafter referred to as 'the Commissioner'). Respondent Nos. 1 and 2 filed the claim petition for compensation under the Workmen's Compensation Act (hereinafter referred to as 'the Act') because Rajinder Kumar alias Rajinder Singh who was employed with respondent No. 3 as a driver on the motor van died due to accident. The van, which the deceased was driving, met with an accident with a truck of the Punjab State Electricity Board, resulting into the death of three occupants of the van, including Rajinder Kumar. The learned Commissioner awarded a compensation of Rs. 84,716 and also a penalty at the rate of 15 per cent and interest at the rate of 6 per cent per annum. As stated earlier, this appeal is filed by the insurance company challenging the award of the learned Commissioner.

(2.) During the course of arguments, a preliminary point was raised by the learned counsel for the appellant that for the very accident and the death caused in the accident, the present claimants-respondents had filed a claim petition under the Motor Vehicles Act (in short 'MVA') before the Motor Accidents Claims Tribunal, Bhatinda (in short 'MACT) being MAC No. 4 of 9.8.1991. It was decided on 12.4.1994. The contention of the learned counsel for the appellant is that when the MAC petition was filed before the MACT, the claimant was estopped from filing a claim petition under the Act. He has relied on section 167 of the MVA. It reads as under:

(3.) Relying on these provisions, learned counsel for the appellant argued that the MAC petition filed before the MACT was first in point of time. He has produced a copy of the judgment of the MACT, Bha- tinda, which shows that it is MAC Case No. 4 of 9.8.1991. From the record of this case, it is found that the petition under the Act was presented on 5.5.1992.