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KAUSHAL JAYENDRA THAKER
Ahmad Ahsan – Appellant
Versus
Suresh – Respondent
JUDGMENT :
1. Heard Mr. Lal Mani Singh, learned counsel for the appellants and Mr. Bijai Prakash Tiwari, learned counsel for the respondent.
2. By way of this appeal, the appellants have challenged the judgment and award dated 21.6.2001 passed by Workmen's Compensation Commissioner/ Additional District Magistrate (City) Kanpur Nagar in Case No. 4 of 1996.
3. This Court while admitting the appeal did not frame any substantial questions of law and, therefore, questions of law framed by the appellants are required to be decided as per the said questions of law framed herein below:-
(ii) Whether in view of Section 53 and 51 of the Employees State Insurance Act, 1948 impugned proceedings were maintainable or the same are barred under Section 53 and 61 of the Act?
(iii) Whether Section 53 of the Employees State Insurance Act, 1948 itself entitles an employee who has suffered alleged employment injury from receiving or recovering the compensation and damages under the W
Claimants under the Motor Vehicles Act retain the right to compensation despite receiving benefits under the E.S.I. Act.
The court reaffirmed that appeals under the Employees' State Insurance Act are limited to substantial questions of law, emphasizing the binding nature of factual findings by lower courts.
Under the Employee's Compensation Act, 1923, the employer's negligence is not required to be proven for compensation claims, and the defenses available to insurers are limited in such cases.
A claim deemed non-maintainable due to statutory provisions prevents the adjudicating authority from making further observations on merits; such findings are considered extraneous and non-binding.
The central legal point established in the judgment is the interpretation of the applicability of Sections 53 to 61 of the Employees' State Insurance Act to the claimant's case and the determination ....
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