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Oriental Ins.Co.Ltd vs Dyamavva & Ors on 5 February, 2013

8. Per contra, Ms.Niyati Juthani, learned counsel for defendant No.2 has supported the impugned judgment and award and has stated that the appellants are not entitled to double compensation as they have already availed alternative by filing Motor Accident Claim Petition, which is already disposed of. It was further contended that the judgment of the Apex Court in the case of Oriental Insurance Company Limited (supra), as relied upon by the Page 4 of 10 HC-NIC Page 4 of 10 Created On Sun Aug 20 04:39:23 IST 2017 C/FA/1998/2017 ORDER appellants, is not applicable as in the instant case, the appellants themselves have opted for the alternative, which is provided under Section 167 of the MV Act and learned Labour Court has committed no error in coming to the conclusion that the petition filed by the appellants was not maintainable and therefore, submitted that no interference is called for.
Supreme Court of India Cites 12 - Cited by 61 - J S Khehar - Full Document
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