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Compensation claimed initially under Motor Vehicles Act 1988

July 5, 2023 deliljosh

Judgment dated 4.7.2023 of the Supreme Court of India - Compensation claimed initially under Motor Vehicles Act 1988 and thereafter under WC Act 1923

Motor Vehicles Act 1988 & Workmen Compensation Act 1923 – Death of Machindra Jagtap in the road accident on 17.8.1993, while driving the jeep and in the course of employment of respondent no.1 Jayram – Petition under MV Act for compensation claimed only against the Insurer was disposed on 7.3.2003 & award only against the owner of offending vehicle since it was not insured – Award could not be executed – On 2.8.2004, the petition under WC Act 1923 was filed after 9 years – Commissioner dismissed the petition on the ground of delay and also maintainability – High Court dismissed the appeal on the ground of delay – HELD that the basic requirement of existence of employee-employer relationship to claim compensation under WC Act is not proved and that the petition under 1923 Act was filed only after the appellants were not able to get compensation under MV Act. Therefore, no sufficient cause was established for condonation of delay. On both the grounds the Civil Appeal was dismissed.

Shantabai Ananda Jagtap and another Vs. Jayram Ganpati Jagtap and another – Civil Appeal No.5786 of 2012

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