RITU BAHRI, J.

1. Two appeals, as noticed above, are being disposed of by this common judgment, having arisen out of the impugned Award dated 16.01.2014 passed by the learned Motor Accident Claims Tribunal, Panchkula.

2. The facts which are not in dispute are that on 30.11.2002, Ashok Kumar, died in a road accident, due to rash and negligent driving of Karnail Singh of bus bearing registration No. HR-68-A-9987 belonging to State of Haryana and owned by General Manager, Haryana Roadways, Chandigarh depot and another insured with the New India Insurance Co. F.I.R was registered in this regard against respondent No. 1.

3. The learned counsel for the appellant-Insurance Company contends that the claimants have already taken the compensation under the ESI and thus, the claim petition filed by the claimants under the Motor Vehicle Act is not maintainable. Once the compensation has been taken under one Act, then no compensation can be claimed under the Motor Vehicle Act and the learned Tribunal has wrongly followed and wrongly interpreted Section 53 of the Employee State Insura