Indra Kaur & Ors. Vs. Royal Sundram Alliance Ins. Co. Ltd. & Anr.
Motor Vehicles Act,1988 - Section 166 , Workmens Compensation Act, 1923 - Section 4
Restriction - Deceased was a driver employed by respondent No.2 - During the course of employment, he met with an accident and died - Workmen's Compensation Commissioner by Award dated 26.05.2008, awarded an amount of Rs.4, 03,320/- as compensation with interest @ 12% p.a. - On being challenged by first respondent-Insurance Company High Court set aside the Award on the ground that there was no evidence before the Commissioner that late deceased was employed by respondent No.2 - Held that appellants have been rightly granted liberty by the High Court to initiate proceedings under the Motor Vehicles Act for compensation - High Court restricted the claim as against the alleged offending vehicle, namely, Military Truck and its insurer - Appellants held to be free to proceed against respondent No.1 as well and all the questions are to be decided by the Tribunal at the time of considering the application for compensation - Tribunal to dispose of the application expeditiously.
Topic(s)-MACT - Restriction by HC set aside