Question

A Railway servant was killed in a bus accident during the course of employment. His family members may claim compensation under

• A. The Motor Vehicle Act
• B. The Employees Compensation Act, 1923
• C. Both (a) and (b)
• D. Either under (a) OR under (b)

Hint:

When a work-related accident also involves a motor vehicle, two legal doors open: one against the employer (Employees' Compensation Act) and one against the vehicle owner/insurer (Motor Vehicles Act). You can knock on both doors, but you can only collect money from one. You have to choose.

Answer 1

The Correct Option is D

This situation gives rise to two separate causes of action under two different statutes:
As the death arose from a motor vehicle (bus) accident, a claim for compensation can be made against the owner/insurer of the bus under the Motor Vehicles Act. This is a claim based on tort law.
As the death occurred during the course of employment, a claim can be made against the employer (Railway) under the Employees' Compensation Act, 1923. This is a claim based on social security legislation.
The claimant has the right to file a claim under both statutes. However, a legal principle known as the 'doctrine of election of remedies' applies, which is also reflected in the statutes. The claimant cannot receive compensation under both acts for the same accident. They must choose to pursue their remedy under either the Motor Vehicles Act or the Employees' Compensation Act.