Option regarding claims for compensation in certain cases
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Summary
When death or bodily injury gives rise to claims under both the Motor Vehicles Act and the Workmen’s Compensation Act, the injured person or their legal representative may choose to claim compensation under either Act but not under both. This choice is allowed without affecting other provisions of Chapter X.
Example
Ravi, a delivery rider, is hurt in a road accident while on duty and both Acts apply. Ravi may either file a claim under the Motor Vehicles Act or seek compensation under the Workmen’s Compensation Act, but he cannot pursue both remedies simultaneously.
Bare Act
Enacted textNotwithstanding anything contained in the Workmen’s Compensation Act, 1923 (8 of 1923) where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workmen’s Compensation Act, 1923, the person entitled to compensation may without prejudice to the provisions of Chapter X claim such compensation under either of those Acts but not under both.
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