Maintainability of – Compensation in motor vehicle accident case -- These would be two different and independent remedies available to a person -- Whatever the dependents are getting is partly a product of the contribution made by the employee himself during his life time and partly the contribution of employer -- Employer of the deceased employee may be absolved of any liability of making any payment under any other law relating to the employment injury; qua to the entitlement of the deceased as an employee, however, such periodic payment, which is in the nature of family pension, would not absolve a stranger to the employment from discharging its independent liability created under any other statute -- No provision has been made by the legislature in the Motor Vehicle Act to specifically exclude the liability of the insurer of the offending vehicle; in case of motor vehicle accident; if the dependents of the employee are getting compensation or benefits under ESI Act (unlike compensation under Workmen Compensation Act) in the capacity of the deceased being an employee -- Despite the fact that the dependents of the employee may be having some benefits under the ESI Act in the capacity of the deceased being an employee would not debar them from claiming compensation under the Motor Vehicles Act for the said accident.
(P&H HC) Decided on : 13.12.2017
