UNITED INDIA INSURANCE CO LTD Vs. CHANANI
HIGH COURT OF RAJASTHAN
UNITED INDIA INSURANCE CO LTD
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PUSHPENDRA SINGH BHATI,J. -
(1.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 has been filed for the following reliefs : -
'It is, therefore, most humbly and respectfully prayed that this appeal may kindly be allowed with costs, judgment and award dated 26.12.2003 passed by the learned Commissioner, Workmen's Compensation Act, Rajsamand in Case No. 4/2002, may kindly be quashed and set aside and the claim petition may kindly be dismissed as against the appellant company.'
(2.) The unfortunate accident happened on 13.8.2001 when Kesa Ram (deceased) was working as Helper in the mines of respondent No. 2 on Poclain Machine. While he was working, a huge stone fell on the Machine, crushing Driver and Kesa Ram. Both of them expired due to the said accident.
(3.) Counsel for the appellant-Insurance Company submits that an employee/ workman has an opportunity to elect remedy in accordance with Section 167 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act') and once he has elected to file claim under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'WC Act'), then he is not entitled to invoke the provisions of MV Act, for which restricted parameters of Chapter-X of MV Act shall apply.;
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