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United India Insurance Co. Ltd. vs. Smt. Lakhbir Kaur & Ors.

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Employee’s Compensation Act, 1923–Sec. 4–Motor Vehicles Act, 1988–Secs. 167 & 163-A–Proceedings before both Forums qua the same accident–Tribunal awarded the amount of Rs. 4,05,000/- in the claim petition u/s. 163-A & Commissioner awarded the sum of Rs. 5,00,000/- –Amount awarded by the Tribunal is lower and claimants are not entitled to retain the same–Award passed by Tribunal deserves to be set aside–However, if the amount deposited u/s. 173(1) by the Insurance Company has been disbursed, the same shall not be recovered in view of the circumstances of the case.