Oriental Insurance Co.Ltd vs Dhanbai Kanji Gadhvi & Ors

The Supreme Court upheld the High Court's decision affirming the Motor Accident Claims Tribunal's order allowing the respondents to proceed with their application under Section 166 of the Motor Vehicles Act, 1988, despite having received compensation under Section 163A. The Court established that both proceedings under Sections 163A and 166 are permissible and a claimant can opt for either, provided the application under Section 166 is filed before the award is passed. The Court dismissed the petitioner's challenge, affirming the Tribunal's directive to adjust the amount awarded under Section 163A against any final award under Section 166.