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1 - 10 of 24 (0.32 seconds)The Motor Vehicles Act, 1988
Section 167 in The Motor Vehicles Act, 1988 [Entire Act]
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
New India Assurance Co.Ltd. vs Bidami . on 17 April, 2014
In the abovesaid case Bidami,
(cited supra), the Masthan case, heavily relied on by the learned
counsel for the appellants, had been referred to and it had been
distinguished. Upon referring to various decisions, the Division Bench
had come to the conclusion as under:
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.
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was withdrawn subsequent to the filing of the claimants a claim
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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.
Smt. Gayatri Devi vs Tani Ram And Ors. on 15 January, 1976
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15
Chief Justice Shri R.S.Pathak (as His Lordship then was)
speaking for the Division Bench of High Court of Himachal Pradesh in
Smt.Gayatri Devi v. Tani Ram and Ors. (AIR 1976 HP 75) said in
paragraphs 13, 14 and 15 that: