under the WC Act, but such liability would be enforceable. Under the Motor Vehicles Act even without an adjudication under the Workmen Compensation Act ... Compensation Act but any such liability would be enforceable under the Motor Vehicles Act even without an adjudication under the Workmen's Compensation
liability can arise under the Compensation Act , one has to glance through the scheme envisaged under the said Act. The Compensation Act deals with ... compensation may claim such compensation under either of those Acts but not under both".
(b) Section 19 of the Compensation Act:
19. Reference
compensation under S. 82A shall not bring about a deprivation of the right to compensation under the Workmen's Compensation Act or under ... recovers compensation under its provisions in respect of an accident, can once again claim compensation under the Workmen's Compensation Act or under
under the Act Policy against the compensation awarded by Motor Accidents Claims Tribunal under the Motor Vehicles Act (hereinafter called the ' M.V. Act ... Compensation Act but any such liability would be enforceable under the Motor Vehicles Act even without an adjudication under the Workmen's Compensation
Commissioner for Workmen's
Compensation and accepted the compensation awarded
under the Workmen's Compensation Act, 1923 , were
precluded by Section ... under Section
166 of the Motor Vehicles Act. However, while awarding
28
the compensation under the Motor Vehicles Act , the
compensation awarded under the Workmen
compensation under S. 82A shall not bring about a deprivation of the right to compensation under the Workmen's Compensation Act or under ... recovers compensation under its provisions in respect of an accident, can once again claim compensation under the Workmen's Compensation Act or under
Compensation Act / Employees Compensation Act and
not under the Motor Vehicles Act . However, the Tribunal, while
4
allowing the claim petition in part granting compensation ... entitled for
compensation under the Workmen
Compensation Act or Employees
Compensation Act or Motor Vehicles Act as
contended in the appeal ?
7
(ii) Whether
Workmen's Compensation Act , section 3 of the Workmen's Compensation Act provides for the employer's liability for compensation ... instituting a proceeding before the Workmen's Compensation Commissioner under the Workmen's Compensation Act because of the option made available
instituting a proceeding before the Workmen's Compensation Commissioner under the Workmen's Compensation Act because of the Act ... allowed?"
25. In order to claim compensation under Workmen's Compensation Act , it is incumbent on the injured claimant or the dependents
compensation may be said to be there but only to the extent the compensation is payable under Workmen's Compensation Act or liability ... have noted earlier the liability to pay compensation under the Workmen's Compensation Act gets foisted on the employer provided it is shown
