Workmen’s Compensation Act, 1923–Sec. 8–Motor Vehicles Act, 1988–Sec. 166–Scope–Whether the claim u/s. 166 can be defeated on the ground that the claimants had got compensation u/s. 8 of Workmen Compensation Act and they could choose only one remedy ?–Held, no–Proceedings u/s. 8 of
W.C. Act are initiated on behest of employer suo motu and such act cannot be considered as an exercise of the option by claimants to seek compensation under the provisions of Workmen’s Compensation Act–Postition would be different if the claimants had filed the claim u/s. 10 of the Act of 1923–Tribunal was justified in passing the award u/s. 166 and adjusting the amount already awarded under the provisions of the Workmen’s Compensation Act.
