- In Narayan v Mrs. Sangita and Anr, the Bombay High Court held that an employee is entitled to claim compensation both under section 140 of Motor Vehicles Act,1988 and under section 3 of Workmen's Compensation Act, 1923 as well.
- The Court also held that the compensation awarded under Chapter X of the Motor Vehicles Act does not forfeit the employee's right to claim compensation u/s 3 of the 1923 Act.
- In this case, a truck driver, an employee of the respondent and the owner of the truck, met with an accident.
- In this case, the appellant was a truck driver and an employee of the respondent no.1, the owner of the truck which was insured by respondent no.2.
- The appellant met with a vehicular accident which left him with a 35% physical disability.
- Consequently, he served notice to both the respondents but to no avail.
- Thereafter, he initiated proceedings for grant of compensation under section 140 of the MV Act, 1988 and under the WC Act 1923.
- However, both the proceedings were rejected by the trial Court on the ground that as he has already received compensation u/s 140 of the MV Act, his cannot claim under a different provision.
- The appellant filed an appeal and argued that the trial Court has erred in interpreting section 167 of the MV Act and that an application u/s 140 of MV Act falls outside the bar of section 169 of MV Act.
- The appellant took reliance upon the case of Maroti Shrawan Manghate vs Smt. Rita Y. Sapra and Anr.
- The Court observed that section 140 comes under Chapter X of the MV Act which talks about liability without fault.
- The Court further noted that section 140 talks about the liability to pay compensation even without fault in two cases; death and permanent disablement.
- Moreover, the compensation granted under this Chapter is in addition to the compensation under 163 of the MV Act.
- The Court agreed with the contentions raised by the appellant and held that the Trial Court erred in interpreting section 167 of the MV Act.
- The Hon'ble Court also hd that if an employee receives compensation under Chapter X, he can still seek compensation under the WC Act.
- Accordingly, the Court allowed the appeal.
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