NATIONAL INSURANCE COMPANY LTD. Vs. DHANNU RAM

JUDGEMENT

(1.) THIS appeal by the Insurance Company has been filed under Section 30 of the Workmen's Compensation Act. The appeal was admitted on the following questions of law:

(2.) BRIEFLY stated the facts of the case are that deceased Hoshiar Singh was employed as driver by Usha Rani on her truck No.HP-12- 9039 on a monthly salary of Rs.2500/-. It is alleged that on 2.10.2000 the truck was to be taken outside Baddi. The truck was loaded and parked near truck union Baddi where it was being repaired. The mechanic asked for some parts and Hoshiar Singh went on a scooter to get the parts. When he was returning alongwith the spare parts he met with an accident with truck No.HP-51-0127. He was taken to PGI but unfortunately died on the same day i.e. 2.10.2000. The petition was filed by the father of the deceased. The employer Usha Rani admitted the fact that deceased was employed by her and he died during the course of employment. The Insurance Company took up various pleas. One of the pleas taken was that the coverage with regard to the deceased was only as a driver and the accident in question did not occur during the course of employment and hence it is not liable. The Commissioner Workmen's Compensation, Nalagarh vide his award dated 8.4.2002 in case No.4 of 2001 has awarded compensation of Rs.2,18,470/- in favour of the claimant and hence the Insurance Company was held liable to pay the same. Hence, the present appeal by the Insurance Company.

(3.) SECTION 167 of the Motor Vehicles Act gives an option to the claimant to file proceedings either under the Motor Vehicles Act or under the Workmen's Compensation Act if a claim arises out of and during the course of employment. However, no claimant can claim compensation under both the Acts. It is for the claimant to exercise this option and the Insurance Company cannot dictate as to which option the claimant should opt.