HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 259/2017
Santosh Singh S/o Shri Haru Singh aged 34 years, R/o Village
Devla, Post Rauti Distt. Ratlam M.p. And At Present R/o
Barudhan Tiraha Taleda Distt. Bundi Raj.
---Claimant-Appellant
Versus
1. Hemraj Prajapat S/o Shri Moti Lal Prajapat, R/o Village
Barundhan, Tehsil And Distt. Bundi Raj.
2. The National Insurance Company Limited, Regional Office,
Near Jyoti Nagar Turn, Bhawani Singh Road, Jaipur
---Non-Claimant-Respondents
For Appellant(s) : Mr. Sandeep Mathur, Adv. For Respondent(s) : Mr. Abhi Goyal, Adv.
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Judgment 01/07/2022 Instant appeal has been preferred against the judgment dated 02.11.2016 passed by the Court of Commissioner- Workmen's Compensation Act, Bundi, Headquarter Kota in ECC Case No.10/2016 by which the claim petition filed by the claimant- appellant has been dismissed on the ground that the claimant- appellant has already received an adequate compensation by filing the claim petition under the provision of Motor Accident Claims Act.
Counsel for the respondents has placed reliance on the judgment of this Court passed in the case of Prem and Ors. Vs. Amar Jeet Singh and Ors. (S.B. Civil Miscellaneous Appeal (Downloaded on 24/07/2022 at 11:05:40 PM) (2 of 2) [CMA-259/2017] No.1799/2011) decided on 11.03.2022 wherein this Court has held with the issue has under:-
"In view of the settled position of law, it is clear that the claimants cannot be allowed to take double benefit of two claims filed under two different statutes i.e. under the Motor Vehicles Act, 1988 and the Workmen's Compensation Act, 1923. The claimant has to choose one forum only and after choosing a forum, he cannot be allowed to choose another forum to get more benefits. The claimants cannot claim double benefit under both the enactments. The appellants-claimants have got compensation by invoking the provisions of the Act of 1923. Therefore, the subsequent claim filed by the claimants under the Act of 1988 was liable to be rejected and the same was rightly rejected by the Tribunal."
In view of the above, the appeal filed by the claimant-
appellant stands dismissed and the judgment dated 02.11.2016 passed by the Court of Commissioner- Workmen's Compensation Act, Bundi, Headquarter Kota in ECC Case No.10/2016 is affirmed and confirmed.
Accordingly, the appeal is dismissed. All pending application(s), if any, also stand(s) dismissed.
Registry is directed to send back the record to the Tribunal.
(ANOOP KUMAR DHAND),J Pravesh/56 (Downloaded on 24/07/2022 at 11:05:40 PM) Powered by TCPDF (www.tcpdf.org)