Multiple claim petitions for the same accident are not maintainable, either under the Employee’s Compensation Act or the Motor Vehicles Act, the Himachal Pradesh High Court says in Tata AIG General Insurance Company Ltd. v Shibi Devi [2024:HHC:14477].
The court pointed out that under Section 167 of the Motor Vehicles Act and Section 22 of the Employee’s Compensation Act, only one claim is maintainable per cause of action. All dependents must be included in one petition as the compensation awarded either under the Motor Vehicles Act or the Employee’s Compensation Act is meant for all the legal representatives of the deceased.
The proviso to Section 166(1) of the Motor Vehicles Act also stipulates that an application for compensation must be filed for the benefit of all legal representatives.
Therefore, the court dismissed an appeal filed by the dependent mother under the Employee’s Compensation Act, in a case in which the widow and daughter of the deceased employee had already settled their claim in 2015.
Reference
- Tata AIG General Insurance Company Ltd. v Shibi Devi [2024:HHC:14477]
