SADA KANWAR Vs. HANUMAN SAHAY

JUDGEMENT

(1.) This is the civil misc. appeal filed against the order passed by the Commissioner, Workmen's Compensation Act, Sikar whereby the claim petition has been dismissed on the ground that the claimants had filed earlier claim petition before MACT, Alwar and claimants cannot file a claim petition at two different forums at a given point of time.

(2.) Learned counsel appearing for the appellants points out that the claim petition filed by the appellants before MACT, Alwar was erroneous as MACT, Alwar did not have territorial jurisdiction and he points out further that the claim filed by the appellants before the MACT, Alwar has been rejected vide order dtd. 23/3/2004 and this fact has been noticed by the learned Commissioner, MACT and in view thereof, he could not have rejected the claim of the appellants filed under the WCC on the ground of choosing two different forums. Learned counsel has relied on the judgment passed by the court in The New India Assurance Co. Ltd. Versus Smt. Bidami and Ors. reported in WLC (Raj.) 2010 (1) 440 wherein it was so held.

(3.) Learned counsel further submits that the question of limitation could also have not arisen as there is no limitation provided for filing of the claim petition either before the concerned MACT or before the WCC in relation to an accident claim.