The Managing Director vs Smt. B. Rajamani
2023 Latest Caselaw 3087 Tel

          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

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