1984 LAB. I. C. 492 ::(1984) 10 All LR 220 ::1984 All CJ 87

Allahabad High Court

Hon'ble Judge(s): K. C. Agrawal, O. P. Saxena , JJ

(A) Motor Vehicles Act (4 of 1939) , Ss.110-B, 110-A, 110-AA— Employees' State Insurance Act (34 of 1948) , S.53— Employee killed in motor accident while returning home from duty - Dependants receiving compensation from employer under 1948 Act - They can claim compensation under Section 110-A against owner of vehicle - S. 53 is no bar - S. 110-AA has no application. It is not correct to say that in every case of compensation being received by a workman for his personal injuries or on his death by his dependants the claim petition under S. 110-A would be barred under Sec. 53 of the E. S. I. Act. The scheme envisaged by the 1948 Act is special in nature and does not cover tortuous liability for the enforcement of which an application under S. 110-A can be made. Under S. 110-A the legal representative who was dependant on the person killed is entitled to bring an application for compensation. The criterion for awarding compensation applicable to negligence is different from that of employment injury in respect of which compensation is given to the dependants in the event of the death of the employee under the 1948 Act. The scheme provided under that Act for providing compensation is not a substitute of the right of the dependants of the deceased employee to get compensation from persons other than employers. Therefore, where the employee of the Electric Company....