Santosh Singh vs Hemraj Prajapat And Anr
2022 Latest Caselaw 4380 Raj/2

        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

(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

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