JUDGMENT

Kirpal, J.-The sole question which arises for consideration in this appeal is whether the respondent, who is an employee of the appellant, can claim damages from the appellant on account of the injury suffered by him during the course of employment when he has already received the benefit under the provisions of the Employees State Insurance Act 1948 (hereinafter referred to as the ESI Act ).

2. Briefly stated the facts are that the appellant is a company owning and operating a plywood factory. The respondent, who was working with the company,met with an accident when he was feeding the DAP compound into the roller mill by pushing it with his own hand. As a result of this accident one of his hands was amputated. Notwithstanding this accident, the appellant allowed the respondent to continue in its service without any reduction in remuneration.

3. The ESI Act was applicable to the employees of the appellant company, including the respondent. After the aforesaid accident a claim was made thereunder and as a result thereof the disabled benefit of Rs. 260/- per month on account of permanent/partial disablement was ordered to be paid to the respondent. This decision of the Employ