LAWS(J&K)-1995-4-32

MARRIAM BIBI Vs. MOHD LATIF

Decided On April 28, 1995
Marriam Bibi Appellant
V/S
Mohd Latif Respondents

JUDGEMENT

(1.) THIS appeal under the Motor Vehicles Act against the judgment and award dated 1 -9 -1993 passed by the learned Motor Accident Claims Tribunal, Ramban in the File No, 22 of 1989 raises a very short and simple question relating to the determination of compensation amount, as awarded by the Tribunal. The grievance of the appellants is that the Tribunal awarded the compensation amount of Rs 70, 838. 40 calculating it on the basis of the multiplier as prescribed in the Schedule to the workmen Compensation Act and not on the basis of the principles for determining the compensation, as are applicable for claims before Motor Accident Claims Tribunals.

(2.) THE finding on issue No. 3 was returned in favour of the claimants by holding that it was the choice of the claimants either to approach the Commissioner under Workmen Compensation Act or to file a claim petition under Motor Vehicles Act before the Accident Claims Tribunal set up under that Act. Since the claimants had chosen to approach Motor Accident Claims Tribunal, no one could be permitted to challenge this exercise of the option by the claimants and that on that ground, the claim petition in the Motor Accident claims Tribunal was held to be maintainable.

(3.) IN the appeal before us, the only question is with regard to the quantum of compensation. The Tribunal after holding that the age of the deceased was 22 years and after finding that his monthly income was to the tune of Rs 800/ - plus Rs 200/ per month as trip allowance applied the scheme contained in the Schedule -to the Workmen -Compensation Act and on such application calculated the compensation amount of Rs. 70, 838.40. Least that can be said is that the approach adopted by the Tribunal -was totally erroneous and patently contrary to the established principles of law. The scheme of applying multiplier, as contained in the Schedule to Workmen Compensation Act can be invoked only in such cases where a person lodges a claim under the provision -of workmen Compensation Act before a Commissioner under that Act. If a person approaches a Tribunal under the Motor Vehicles Act by filing a claim petition for compensation with relation to an accident arising out the use of the motor vehicle, the principle of determing compensation under the -Workmen Compensation Act have no applicability to such a claim petition because the principles governing the grant of compensation under Motor vehicles Act based on the law of torts are entirely different.