HYDERABAD: In motor vehicle accident cases, there is an option for the person concerned to claim compensation either under the Workmen’s Compensation Act, 1923, or the Motor Vehicles Act, 1988. Under Section 167 of the Motor Vehicles Act, it is made convenient to the party concerned to approach either of the forums for a quick redressal of their grievance. An appeal came up for hearing before the Hyderabad High Court challenging the order passed by the motor accidents claims tribunal returning the claim petition to its petitioner for presentation before the Commissioner under the Workmen’s Compensation Act.
The petitioner’s counsel told the Court that the petitioner has filed a claim before the tribunal demanding a compensation of Rs 1.5 lakh against an insurance company on account of death of his son in a motor vehicle accident. The son was allegedly driving the car when lost control over the vehicle due to non-functioning of clutch plates in the car causing the vehicle to fall into a canal nearby.
However, the tribunal has directed the petitioner to approach the Commissioner for Workmen’s Compensation constituted under the Workmen’s Compensation Act and also awarded costs of Rs 1,000 to the petitioner payable to the respondent insurance company. In view of the provision under clause (2) of Section 166 of the Motor Vehicles Act, the petitioner has an option to choose the forum, and under Section 167 of the Motor Vehicles Act, 1988, he has the liberty to file claim petition under the Workmen’s Compensation Act, 1923 or the Motor Vehicles Act, 1988, he added.
After hearing the case, Justice G Shyam Prasad found that the petitioner has exercised his option under Section 167 of the Motor Vehicles Act, and filed the claim before the Motor Accidents Claims Tribunal. As per the provision of Section 166(2) of the Motor Vehicles Act, every application shall be made at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area where the accident occurred, or where the claimant resides or where the defendant resides. As per Section 167 of the Act, the claimant has an option to choose either of the forums but not both.
In Section 167 of Act makes it convenient for the party to approach either of the forum for a quick redressal the judge noted. The judge held that the impugned order passed by the tribunal returning the claim petition to the petitioner for presentation before the commissioner under the Workmen’s Compensation Act is not in accordance with law. While setting aside the tribunal’s order, he remanded the matter back to the tribunal for an appropriate disposal in accordance with the laws of the Court.