NEW INDIA ASSURANCE COMPANY LTD Vs. SEEMS RANI AND OTHERS
LAWS(P&H)-2016-8-278
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 12,2016

NEW INDIA ASSURANCE COMPANY LTD Appellant
VERSUS
Seems Rani And Others Respondents

JUDGEMENT

- (1.) The present appeal has been preferred against the award dated 03.03.2016, passed by the learned Motor Accidents Claims Tribunal, Kapurthala (hereinafter called the "Tribunal"), vide which the respondents No.1 to 4-claimants have been awarded compensation to the tune of Rs. 27,50,000/- along with interest at the rate of 7% per annum on account of death of Baldev Singh in the motor vehicular accident, which took place on 29.10.2014.
(2.) The present appeal has been preferred by the appellantInsurance Company (respondent No.3 in the claim petition) to assail the award.
(3.) Learned counsel for the appellant contended that the deceased was an employee of M/s Choice Agro Factory Pvt. Ltd., Kapurthala. He was insured under the Employee State Insurance Act, 1948 (hereinafter called the "ESI Act"). So, the claimants were not entitled to claim the compensation under the provisions of the Motor Vehicles Act, 1988 (hereinafter called the "Act") in view of the bar under Section 53 of the ESI Act.;


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