JUDGMENT

Surinder Gupta, J. - Motor Accident Claims Tribunal, Sangrur (later referred to as 'the Tribunal') dismissed the claim petition filed by appellant for the injuries suffered by him in a motor vehicle accident on 11.12.1992 while traveling in bus bearing registration no. PB-11-9094, owned by Pepsu Road Transport Corporation, Patiala with the observation in para 11 of the award as follows:-

"11. It has also been laid down in National Insurance Company Limited, Madras and others vs. Saraswathi Mohan and others , (1982) AIR Madras 371 that where an employee could maintain claim under Section 53 of the E.S.I. Act, he would be barred from filing a claim petition under Section 110A of the Motor Vehicle Act. The ratio of this authority is fully applicable in this case. The claimant admittedly is governed by the Employee Insurance Scheme and he has also taken the benefit under the Employee State Insurance Scheme. Therefore, his claim petition is not maintainable in this Court and this Court has no jurisdiction to adjudicate upon the matter."

2. While dismissing the claim petition the Tribunal has not gone into the factum of accident, causing of injuries to claimant, extent of damage