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1981 Supreme(Mad) 442

RATNAM
National Insurance Co. Ltd. , Madras – Appellant
Versus
P. Saraswathi Mohan – Respondent


Advocates:
N. Rosi Naidu, for Petitioners.

Judgement

ORDER :- The only question that arises for consideration in these civil revision petitions is whether the claim for compensation preferred by respondents 1 to 5 herein, before the Motor Accidents Claims Tribunal, North Arcot at Vellore, is entertainable, in view of the provisions of S.53, Employees' State Insurance Act. Though at the time when the matter was dealt with by the Tribunal, the matter had not been examined by this court, now a Division Bench of this Court in Mangalam v. Express Newspapers Ltd., AAO No.601 of 1978, judgment dated 2nd July 1981: (Reported in AIR 1982 Mad 223) has ruled that Section 53, Employees' State Insurance Act, would bar the maintainability of a claim for compensation under Section 110-A, Motor Vehicles Act. In view of this decision, the order of the Tribunal taking a contrary view cannot be maintained. That order is set aside and the civil revision petitions are allowed, No order as to costs.

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