RAJKUMAR AGRAWAL Vs. VEHICLE TEA VENTURE

JUDGEMENT

(1.) In the instant case, the Appellant is assailing the judgment dated 28th January, 2021 passed by the High Court of Judicature at Allahabad in the first appeal No.552 of 2019. The appeal therein arose from a judgment and order dated 22nd December 2018 passed by the Motor Accident Claims Tribunal (for short "MACT"?). Though the Tribunal at the first instance had accepted the claim put forth by the Appellant and had awarded the compensation, the employer/owner of the vehicle in which the Appellant was travelling at the time of the accident had assailed the said judgment contending that the claim would not be maintainable in view of a bar contemplated under Section 53 of the Employees' State Insurance (ESI) Act, 1948.

(2.) The High Court having referred to the said provision has reversed the judgment of the Tribunal and dismissed the claim of the Appellant herein.

(3.) During the course of the arguments put forth before us, the learned counsel for the Appellant in addition to Section 53, has also referred to Section 61 of the ESI Act to contend that Section 53 cannot be considered as a bar when a claim by an insured employee is made either under Sec. 163(A) or 166 of the Motor Vehicles Act.