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Nasimbanu Wd/O Sirajuddin Amruddin ... vs Ramjibhai Bachubhai Ahir on 11 February, 2005

“....11.As rightly held in Nasimbanu's case relied on by the claimants, where a claimant can avail one remedy against the employer under the Workmen's Compensation Act, he is not debarred from claiming compensation under the Motor Vehicles Act agaisnt the tortfeasor. In Bidami's case relied on by the claimants also, it has been held that since the benefits accruing and flowing from the two different enactments flow in two different streams and such claim is made against different parties; employer in one case and tortfeasor other than employer in another case, one compensation does not militate or offend against other compensation and that the claimants are entitled to both compensation and one cannot be set off or deducted from the other.
Gujarat High Court Cites 38 - Cited by 15 - H K Rathod - Full Document

National Insurance Company Limited vs H.P. State Cooperative Bank. on 24 May, 2010

19.Lastly, the learned counsel for the appellants lays legs on the decision of National Insurance Co. Ltd., v. State of Himachal Pradesh and others 2017 2 TNMAC 576 (HP). In that case, suo motu deposit was made by the employer before Workmen's Compensation Act and it was withdrawn subsequent to the filing of the claimants a claim http://www.judis.nic.in 25 petition before the Tribunal. Those facts are not applicable to the case on hand, as stated already, the employer, tortfeasor and the insurance companies are different and distinct with other.
State Consumer Disputes Redressal Commission Cites 2 - Cited by 1 - Full Document
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