Smt. Gayatri Devi vs Tani Ram And Ors. on 15 January, 1976
10. Learned Counsel for the appellant relied upon a Division Bench decision in Smt. Gayatri Devi v. Tani Ram, , wherein it was held that proceedings under the Workmen's Compensation Act relate to the statutory liability created under the Act. The liability adjudicated upon by the Motor Accidents Claims Tribunal is a liability founded on tort and thus falls outside the scope of section 19 of the Workmen's Compensation Act. But that case arose out of an accident that occurred on February 18, 1968, and a claim was preferred on May 3, 1968, before the Motor Accidents Claims Tribunal prior to the addition of section 110AA of the Motor Vehicles Act which came into force from March 2, 1970. Since section 110AA was held to be prospective, it was held there is no bar for preferring a claim under the Motor Vehicles Act. But, in the instant case, the accident took place and claims were preferred after section 110AA of the Motor Vehicles Act came into force. Hence, the aforesaid decision has no application.