Which section of the Motor Vehicles Act, 1988 contains the election-of-remedies rule for overlapping…
Section 167 governs election where the same death or bodily injury gives rise to claims under motor vehicle and employee-compensation legislation. The claimant must elect…
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Which section of the Motor Vehicles Act, 1988 contains the election-of-remedies rule for overlapping motor-accident and employee-compensation claims?
Answer and explanation
Correct answer C
Section 167 governs election where the same death or bodily injury gives rise to claims under motor vehicle and employee-compensation legislation. The claimant must elect between the two remedies. The section refers to the 1923 employee-compensation statute, since repealed and replaced by Chapter VII of the Code on Social Security, 2020. Section 8 of the General Clauses Act, 1897 governs construction of cross-references to repealed and re-enacted provisions, subject to a contrary intention.
Option feedback
Option A
Incorrect. Section 168 of the Motor Vehicles Act, 1988 governs the award of the Claims Tribunal.
Option B
Incorrect. Section 166 of the Motor Vehicles Act, 1988 governs the filing of an application for compensation before the Claims Tribunal.
Option C
Section 167 requires an election where the same death or bodily injury gives rise to compensation claims under both statutory regimes.
Option D
Section 164 provides no-fault compensation for death or grievous hurt arising out of the use of a motor vehicle. Section 167 addresses overlapping statutory claims.
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