One of our company based in Delhi. One of our mechanics has taken the owner's bike to his village without informing anyone. In the middle of the journey, he met with an accident 100 km away from our place at 12:30 am and sadly passed away at the accident spot. His parents filed a case under the MV Act, but that case was dismissed. Now, after 2 years, they have filed a new case under Section 10 of the Workmen Compensation Act in the Bhiwani court, claiming an amount of 20 lakhs.
Kindly advise on any suggestions or references for a labor law specialist advocate.
From India, Delhi
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Kindly advise on any suggestions or references for a labor law specialist advocate.
From India, Delhi
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Dear Himanshu, Whether the claim under the MV Accident Claim Tribunal was dismissed on merits? If so, the claim filed now before the EC Commissioner is barred by the doctrine of Res Judicata.
From India, Salem
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6185From India, Salem
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Meaning of Res Judicata
Fundamental legal doctrine that, once a lawsuit is decided, the litigant parties are barred from raising the same issue again in the courts (unless material new evidence has become available). They are also barred from raising another issue arising from the same claim or transaction (or a series of claims or transactions) that could have been but was not raised in the decided suit. It is based on the principle that court cases cannot be allowed to go on forever and must come to an end. Latin for, a thing adjudicated.
Here in this case, the matter of compensation was agitated under the MV Act and the claim was rejected. Now, filing a case under the WC Act will not be acceptable to the court as the case has already been decreed. Unless, of course, the person is producing some new material evidence not produced earlier.
From India, Pune
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Fundamental legal doctrine that, once a lawsuit is decided, the litigant parties are barred from raising the same issue again in the courts (unless material new evidence has become available). They are also barred from raising another issue arising from the same claim or transaction (or a series of claims or transactions) that could have been but was not raised in the decided suit. It is based on the principle that court cases cannot be allowed to go on forever and must come to an end. Latin for, a thing adjudicated.
Here in this case, the matter of compensation was agitated under the MV Act and the claim was rejected. Now, filing a case under the WC Act will not be acceptable to the court as the case has already been decreed. Unless, of course, the person is producing some new material evidence not produced earlier.
From India, Pune
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Thank you for your valuable suggestions. I informed my advocate about the same, but the WC commissioner has not barred the application. They are considering it again in court. If anyone has any references for a labor lawyer in the Bhiwani district court, please share it with me via email at himanshujain46@gmail.com.
From India, Delhi
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From India, Delhi
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The Workmen's Compensation Act 1923.pdf
Workmen's Compensation Act 1923.doc