T.N.SINGH
M. P. S. R. T. C. – Appellant
Versus
Praveer Kumar Bhatnagar – Respondent
Dr. T.N. Singh, J. -- 1.This is owner's appeal preferred under section 173, Motor Vehicles Act, 1988, for short, the MV Act, against an award of compensation of Rs. 20,000/- made in favour of claimant / respondent for the injury he suffered in a motor accident on 13.1.1983.
2. The only question forcefully agitated in this appeal by Shri A.K. Shrivas-tava, learned counsel appearing for the appellant, is want of jurisdiction of the Motor Accident Claims Tribunal, for short, the Tribunal, to pass the award and to press that contention he has relied on section 53, Employees State Insurance Act, 1948, for short, ESI Act, which is as follows:
"53. Bar against receiving or recovery of compensation or damages under any other law. -- An insured person or his dependents shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen's Compensation Act, 1923 (8 of 1923), or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act." He has also relied on sections 51-A and 51-C (1) of this said Act
10. Board of Mining Examination v. Ramjee
11. Hilidustan Times Ltd. v. Their Workmen = (AIR 1963 SC 1332)
2. Raja Ram Kumars case = (AIR 1988 SC 752)
4. Insurance Corporation v. Swadesh = [(1991) MPLJ 914]
5. Gaya Prasads case = (1992 JLJ 143, 1992 ACJ 200
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