A.N. Venugopala Gowda, J.

The point which arises for consideration in this writ petition is, whether the petitioner who is an employee, can calim compensation by filing claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the M.V. Act) from the respondent, on account of the injury suffered by him during the course of employment, when he has availed the benefits under the provisions of the Employees State Insurance Act, 1948 (hereinafter referred to as ESI Act)?

2. Factual Matrix:

(a) Briefly stated, the facts are that, the petitioner while working as a Private Security Guard in Mallasandra Milk Dairy of Tumkur Taluk from Janardhan Detectives and Security Chambers and while discharging the duties on 29.8.02 and while counting the milk cans of vehicle bearing registration No. KA-37-3799, on its backside, another vehicle bearing registration No. KA-06-4125, driven by its driver rashly and negligently, hit the petitioner, on account of which, he sustained the injuries. The information regarding the case was sent to the jurisdictional police and a case was registered against the driver of the motor vehicle bearing registration No. KA-06-4125