Claimants Can’t Be Allowed to Take Double Benefit of Two Claims Filed under Two Different Statutes i.e. Motor Vehicle Act & Workmen Compensation Act, Rajasthan HC
Case: Prem v. Amar Jeet Singh
Coram: Justice Anoop Kumar Dhand
Case No.: Civil Miscellaneous Appeal No. 1799/2011
Court Observation: “In view of the settled position of law, it is clear that the claimants cannot be allowed to take double benefit of two claims filed under two different statutes i.e. under the Motor Vehicles Act, 1988 and the Workmen’s Compensation Act, 1923. The claimant has to choose one forum only and after choosing a forum, he cannot be allowed to choose another forum to get more benefits. The claimants cannot claim double benefit under both the enactments.”
“Courts cannot be treated as a bargaining forum and the claimants cannot be allowed to approach two forums and if they feel that they have not got sufficient amount of compensation then for getting more compensation they can approach the another forum.”
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