Compensation

mukesh Gupta (Querist) 01 July 2011 This query is : Resolved
In case a workmen dies during the course of employment in an motor accident, can he claim compensation under workment compensation act and motor accident claim both? or he is entiltled for any of the one. pls also provide some judgments also.

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V.Harikrishnan (Expert) 01 July 2011
No. A claim under the Workmens Compensation Act and simultaneously a claim before the Motor Accident Claims Tribunal cannot be filed. A person can file only one claim
V.HARIKRISHNAN

Advocate Bhartesh goyal (Expert) 01 July 2011
If a workman dies during the course of employment,his legal heirs can file petition to get compensation only under in workman compensation Act and not in other tribunal or court.

adv. rajeev ( rajoo ) (Expert) 01 July 2011
either one of them he can claim. It is better to claim workmen compensation contending that during the course of employment he died.

mukesh Gupta (Querist) 01 July 2011
Thanks for the response. can u please give some citation of court judgments in which such opinion has been made by courts.

K.S.Srinivas (Expert) 02 July 2011
Bar against double remedies ( section 3 (5))

As per the above section of the Employees Compensation Act 1923, the employee can not
claim under both the Acts.

Ajay Bansal (Expert) 02 July 2011
Agreed with aforesaid views.

prabhakar singh (Expert) 02 July 2011
Expert k s srinivas is right

Kirti Kar Tripathi (Expert) 03 July 2011
Supreme Court is very clear in this regard, he has to avail only one remedy either under WCAct(Now ECAct)or MV Act.

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