MANSA DEVI Vs. REGIONAL MANAGER, HRTC AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the award, dated 30th June, 2011, passed by Motor Accident Claims Tribunal-II, Kangra at Dharamshala, (for short, the Tribunal), whereby the claim petition filed by the claimant was dismissed, (for short, the impugned award).

(2.) During the course of hearing, Mr.Jagdish Thakur, learned counsel for the respondents, frankly conceded that the claimant was entitled to compensation under the Workmen's Compensation Act, 1923 (for short, WC Act). His statement is taken on record.

(3.) A perusal of the impugned award shows that the Tribunal has dismissed the claim petition on the ground that the claimant ought to have resorted to proceedings under the WC Act. Perhaps, the Tribunal has lost sight of the fact that Section 167 of the Motor Vehicles Act, 1988, (for short, MV Act) provides for option to the claimant to seek compensation either under WC Act or MV Act. It is apt to reproduce Section 167 of the MV Act, hereunder: