CHENNAI: A workman, who died in a road accident while on duty and received compensation under the Workmen Compensation Act, cannot be prevented from claiming another one under the Motor Vehicles Act and it would not amount to double compensation or double jeopardy, the Madras High Court has ruled.
Justice M V Muralidharan gave the ruling while dismissing two civil miscellaneous appeals from the National Insurance Company in Tiruchengode, on Monday last. Saravanan and Siddeswaran, drivers of a lorry, who were removing a punctured wheel, were crushed to death by another lorry near Rajupalem in Andhra Pradesh on June 13, 2014.
The former’s legal heir Manimegalai and two others moved the Commissioner for Employees Compensation at Coonoor in the Nilgiris district, which awarded a compensation of Rs 8.15 lakh with 12 per cent interest.
Later, they also moved the Accidents Claims Tribunal under the MV Act and got another Rs 8.25-lakh compensation. Following similar claims, the insurance firm filed appeals. Rejecting them, the judge said the compensation claimed under the MV Act against the lorry owner and WC claim against the employer, would not amount to double compensation.