THE HON'BLE SRI JUSTICE P.SAM KOSHY
AND
THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
M.A.C.M.A.No.1079 of 2023
JUDGMENT: (per Hon'ble Sri Justice P.SAM KOSHY)
The present appeal has been filed assailing the impugned
award dated 30.11.2013, passed in M.V.O.P.No.1203 of 2011 by
the Hon'ble XIII Additional Chief Judge, City Civil Court,
Hyderabad. Vide the said impugned award, the Court below has
awarded a compensation of Rs.26,85,000/- with interest at the
rate of 7.5% per annum from the date of filing of the petition.
2. Heard learned counsel for the petitioner and learned
counsel for the respondents.
3. The appeal has been filed substantively assailing the impugned award on the jurisdictional aspect, as according to the appellant, the respondents ought to have availed the remedy that was available to them under the provisions of Workmen's Compensation Act, 1923, instead of claim for compensation under the Motor Vehicles Act, 1988.
4. If we look into the provisions of Section 167 of the Motor Vehicles Act, 1988, which clearly provides with an option to the 2 claimants to avail either of the remedies available to them. In the instant case, the learned counsel appearing for the respondents makes a categorical statement that they have not made any claim application before the Workmen's Compensation Court nor have they received any compensation under the said provisions and that they have only moved a claim application for compensation on the accidental death of the deceased before the Motor Accidents Claim Tribunal wherein the impugned award has been passed.
5. Given the said submissions by the learned counsel for the respondents that they have not availed any benefit under the Workmen's Compensation, the very substantial grounds raised does not survive.
6. The appeal thus fails and is accordingly rejected. No costs.
As a sequel, miscellaneous petitions, pending if any, shall stand closed.
__________________ P.SAM KOSHY, J ___________________________________ LAXMI NARAYANA ALISHETTY, J Date: 11.10.2023 GSD