All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

The correct option is D: Either under (a) OR under (b).

The family members of a railway servant who was killed in a bus accident during the course of employment may claim compensation under either the Motor Vehicle Act or the Employees Compensation Act, 1923, depending on the circumstances of the accident and the nature of the claim.

The Motor Vehicle Act provides for compensation to the victims of road accidents caused by the use of motor vehicles. The compensation is based on the principle of no-fault liability, which means that the claimant does not have to prove the negligence or fault of the driver or owner of the vehicle. The compensation is awarded by the Motor Accident Claims Tribunal, which is a special court established under the Act. The amount of compensation depends on various factors such as the age, income, and dependency of the deceased, the extent of injury, and the medical expenses incurred.

The Employees Compensation Act, 1923 provides for compensation to the workers who suffer injury or death due to accidents arising out of and in the course of their employment. The compensation is based on the principle of strict liability, which means that the employer is liable to pay compensation irrespective of any negligence or fault on his part. The compensation is awarded by the Commissioner for Employees Compensation, who is an officer appointed by the government under the Act. The amount of compensation depends on the wages, age, and nature of injury of the worker, and is fixed by the Schedule appended to the Act.

In the case of a railway servant who was killed in a bus accident during the course of employment, the family members may choose to claim compensation under either of the Acts, depending on the facts and circumstances of the case. For example, if the bus was hired by the railway administration for transporting the railway servant, then the family members may claim compensation from the railway administration under the Employees Compensation Act, 1923, as the accident would be considered as arising out of and in the course of employment. Alternatively, if the bus was a public transport vehicle and the railway servant was travelling on duty, then the family members may claim compensation from the owner or insurer of the bus under the Motor Vehicle Act, as the accident would be considered as caused by the use of a motor vehicle. However, the family members cannot claim compensation under both the Acts, as that would amount to double compensation for the same injury or death. Therefore, the correct option is D: Either under (a) OR under (b).