Umakanthan53
Labour Law & Hr Consultant
Nathrao
Insolvency N Gst Professional
+1 Other

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One of our company based in delhi, one of our mechanic has taken owner bike to his village without information, in mid of way He met with a accident at 100km distance away from our palace at 12.30am and passed away on accident spot. his parent filed a case under MV Act but that case was dismissed and now they filed a new case after 2 years under the section 10 of workmen compensation act in bhiwani court. claiming a amount of 20lakhs.
Kindly advise the suggestion or reference of (labor law specialize) advocate .
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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.
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 for ever and must come to an end. Latin for, a thing adjudicated.
Here in this case,Matter of compensation was agitated under the MV act and claim was rejected
Now again filing a case under WCAct will not be acceptable to the court as the case has already been decreed.
Unless off course the person is producing some new material evidence not produced earlier.
Thanks for your valuable suggestions i told my Advocate the same but wc commissioner has not barred the application they are considering again in his court if anyone has any references for laboure lawyer in bhiwani district court then pls share it on my mail id
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