Compensation Cannot Be Claimed Both Under the Motor Vehicles Act And The Workmen's Compensation Act: Madras High Court

Last updated: 14 April 2022

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Quick Summary

The Madras High Court has ruled that individuals cannot claim compensation under both the Motor Vehicles Act and the Workmen's Compensation Act for the same accident. This decision clarifies that claimants must choose one act under which to pursue their claim, overturning previous interpretations that allowed for claims under both. The court emphasised the 'doctrine of election', meaning a choice must be made between the two available remedies.

Court :
Madras High Court

Brief :
The Madras High held that the aggrieved person cannot file claim petitions both under the Motor Vehicles Act ,1988 as well as the Workmen Compensation Act,1923 in respect of the very same accident. The court also held that previous decisions of various High Courts in this regard is no longer good law.

Citation :
Case No.: CMA (MD) Nos. 1448 of 2016 and 166 of 2017

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FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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