Option regarding claims for compensation in certain cases

Q: When did Section 167 of the Motor Vehicles Act come into force?

Section 167 of the Motor Vehicles Act, cited as MV Act 167, came into force on 01 Jul 1989, having been enacted on 14 Oct 1988. It is in force as at the date shown on this page.

In force From 01 Jul 1989 Act 59 of 1988 As on 15 Oct 2026

Act 59 of 1988 Ministry Road Transport and Highways Enacted 14 Oct 1988 In force 01 Jul 1989

Section 167 of the Motor Vehicles Act, 1988 deals with option regarding claims for compensation in certain cases. Notwithstanding anything contained in the Workmen's Compensation Act, 1923 (8 of 1923), where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workmen's Compensation Act, 1923, the person entitled to compensation may without preju The Act came into force on 01 Jul 1989.

Notwithstanding anything contained in the Workmen's Compensation Act, 1923 (8 of 1923), where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workmen's Compensation Act, 1923, the person entitled to compensation may without prejudice to the provisions of Chapter X claim such compensation under either of those Acts but not under both.
Section 167, The Motor Vehicles Act, 1988 (Act 59 of 1988).

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

Rajesh Kumar @ Raju vs Yudhvir Singh

Supreme Court of India 13 May 2008 Binding (SC) Reportable

Court's Decision & Legal Precedent

When a motor accident claim is filed under Section 166 of the Motor Vehicles Act, 1988, the provisions of the Workmen's Compensation Act, 1923 do not apply. The Explanation to Section 163A incorporating the Workmen's Compensation Act definition of disability applies only to Section 163A claims and not to Section 166 claims. A disability certificate issued years after an accident by a medical officer who was not examined and cross-examined cannot be used to overturn the Tribunal's factual findings regarding disability assessment, especially when such argument is raised for the first time before the appellate court and was not contested before the lower courts. The Motor Accident Claims Tribunal's and High Court's assessment of disability percentage based on available evidence must be respected unless there is clear illegality or manifest error.

On this section: Provides that an injured person has the option to file a claim either under the Motor Vehicles Act or under the Workmen's Compensation Act if both Acts apply to the case.

Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

High Court 04 Aug 2017 HCMA010963262008

… What he has done is to pursue his claim under the Workmen's Compensation Act till the award was passed and also to invoke a provision of the Motor Vehicles Act, not made applicable to claims under the Workmen's Compensation Act by Section 167 of the Motor Vehicles Act. The respondent claimant is not entitled to do so. The High Court was in error in holding that he is entitled to do so." What emerges from the above passage is that the victim in the case before the Supreme Court had already exhausted the remedy available under the Workmen's …

Read this order on eCourtsIndia

Questions about Section 167

What have the courts held on Section 167 of the Motor Vehicles Act?

Rajesh Kumar @ Raju vs Yudhvir Singh (13 May 2008) is the leading judgment on this section among those set out below: Provides that an injured person has the option to file a claim either under the Motor Vehicles Act or under the Workmen's Compensation Act if both Acts apply to the case.

How do I find court cases under Section 167 of the Motor Vehicles Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: MV Act 167, section 167 MV Act, section 167 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Rajesh Kumar @ Raju vs Yudhvir Singh (13 May 2008).

When did Section 167 of the Motor Vehicles Act come into force?

Section 167 of the Motor Vehicles Act, cited as MV Act 167, came into force on 01 Jul 1989, having been enacted on 14 Oct 1988. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.