Can Double Accident Benefit be claimed by the Employee or Dependent under the Employees’ Compensation Act?

 

Answer is No.
Sometimes an employee who is on duty or deemed to be on duty meets with an accident with a vehicle and the question arises as to whether a workman has a right to get compensation for work injury under the Employees’ Compensation Act, as well as under the Motor Vehicles Act. It is made clear that both the forums are available to the workman but at the same time, double recovery in case of same (identical injury) is not permissible.

The workman or his dependents has/have to choose one forum either under the Employees’ Compensation Act or under the Motor Vehicle Act.

In one case, the Madhya Pradesh High Court has held that a claim for compensation for death or bodily injury can be made either under the Motor Vehicles Act or the Employees’ Compensation Act but not under both.

When the petitions for compensation has been filed under both Acts, i.e., Motor Vehicles Act and the Employee’s Compensation Act, whereas the claim under Motor Vehicles Act was first in point of time, the claim will be decided under the Motor Vehicles Act and the Award of the Employee’s Compensation Commissioner, will be set aside.

References:
(1) Oriental Insurance Co. Ltd. Vs. Sudha Devi, LLJ 1997 Madhya Pradesh High Court.

(2) National Insurance Co. Ltd., Bhatinda Vs. Parveen, LLR 2000 Punjab & Haryana High Court.

 

By Dayanand N. Mangaonkar