167of m.v.act applicable in this case

sanjeev saraswat (Querist) 20 March 2010 This query is : Resolved
a case in which
when a labour is died while he was on his duty of delevering gas cilender, traveling on a privare vechile hired by his employer i.e gas agency,
a pettition is file in m.a.c.t in which compensation is claim from vechile owner and insurance company of vehile and after 2 month a n another pettition filed in labour court in which compansation is claim from the employer and insurence company of employer.
both the pettition claimants are same but opp, respondence are different.
in first pettion respondence are 1. vehile owner 2. national insurance company
in 2nd in w.c.a respondence are 1.gas agency owner 2.orental insirance co.
insurance co. saying in labour court that only one pettition is maintainable, because of section 167 of m.v act
while i want to claim from both the parties
what will i do

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Raj Kumar Makkad (Expert) 21 March 2010
Both petition can be filed simultaneously in the given case as the reliefs and parties are different in both the cases.