No claimant can pursue the remedies under Sections 163A and 166 of MV Act simultaneously.

ILC-2011-SC-MAC-Jan-3

Oriental Insurance Co. Ltd. Vs. Dhanbai Kanji Gadhvi & others


Compensation - Claim petition - Tribunal partly allowing petition under Section 163A of the Act for payment of sum of Rs.2,65,500/- with 12% interest - Tribunal permitting the petitioners to proceed with the petition filed under Section 166 of the Act - Orders of Tribunal affirmed by ld. Single Judge - Appeal against - Remedy for payment of compensation under Sections 163A and 166 are final and independent of each other - No claimant can pursue the remedies thereunder simultaneously - A claimant must opt/elect to go either for a proceeding under Section 163A or under Section 166 of the Act, but not under both - Claimants having obtained compensation, finally determined under Section 163A of the Act precluded from proceeding further with the petition filed under Section 166 of the Act - Orders of the Tribunal & High Court illegal - Set aside - Appeal allowed.
BENCH:

Hon'ble Mr. Justice J.M. Panchal , Hon'ble Mr. Justice H.L. Gokhale ,