Motor Vehicles Act Section 167 — Option regarding claims for compensation in certain cases

CHAPTER XII CLAIMS TRIBUNALS

Civil

Summary

This section applies when a person dies or is injured in an accident, and that event creates a right to claim compensation under both this Act and the Workmen’s Compensation Act, 1923. In such a situation, the person entitled to compensation may choose to claim it under either one of these two Acts, but not under both.

The choice to claim under one Act does not affect the person’s right to also claim compensation under Chapter X of this Act, which deals with certain other types of claims. In other words, the person can still pursue a claim under Chapter X separately, but for the compensation that is available under both this Act and the Workmen’s Compensation Act, they must pick only one.

Official Text

Notwithstanding anything contained in the Workmen’s Compensation Act, 1923 (8 of 1923), where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workmen’s Compensation Act, 1923, the person entitled to compensation may without prejudice to the provisions of Chapter X claim such compensation under either of those Acts but not under both.