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Supreme Court Of India

Hon'ble Judge(s): B. S. Chauhan, Jagdish Singh Khehar , JJ

Motor Vehicles Act (59 of 1988) , S.167— Workmens Compensation Act (8 of 1923) , S.8, S.10— Motor accident in course of employment - Option to claim compensation either under 1988 Act or W. C. Act - When can be said to be exercised - Employer of deceased suo motu depositing compensation with Workmen's Compensation Commissioner - Commissioner disbursing it to claimant - Claimant cannot be said to have exercised option to proceed under W. C. Act - Not disentitled to file claim petition filed under M. V. Act. Evidence Act (1 of 1872) , S.115— Doctrines - Doctrine of selection - Option when can be said to be exercised. Under S. 8 of Workmen's Compensation Act when a workman during the course of his employment suffers injuries resulting in his death, the employer has to deposit the compensation payable, with the Workmen's Compensation Commissioner. The procedure envisaged in S. 8 of the Workmen's Compensation Act, 1923 (W. C. Act) can be invoked only by the employer for depositing compensation with the Workmen's Compensation Commissioner consequent upon such 'suo motu' deposit of compensation by the employer with the Workman's Compensation Commissioner, the Commissioner may summon the dependents of the concerned employee, to appear before him under sub-section (4), Section 8. Having satisfied himself about the entitlement of the dependants to such ....