LAWS(KER)-1985-1-17

ABAD FISHERIES Vs. COMMISSIONER FOR WORKMENS COMPENSATION

Decided On January 16, 1985
ABAD FISHERIES Appellant
V/S
COMMISSIONER FOR WORKMENS COMPENSATION Respondents

JUDGEMENT

(1.) This is an appeal by the employer, against the order of the Commissioner for Workmen's Compensation directing deposit of Rs. 16,800/- for payment as compensation to the 2nd respondent, in connection with the death of his daughter consequent on an employment injury sustained by her in the course of employment under the appellant. The only point raised is that as the deceased was an 'insured person' within the meaning of the Employees' State Insurance Act, 1948 the remedy under the Workmen's Compensation Act was barred. The 2nd respondent had first filed an application before the Insurance Court, under S.75 of the Act in January, 1980; the application before the Workmen's Compensation Commissioner was filed only thereafter, in March, 1980. The E.S.I, claim was rejected for reasons unknown; and the W. C. Commissioner took the view that the bar under S.53 of the E. S. I. Act could operate only if the dependant was actually in receipt of benefits under S 52.

(2.) We are unable to support this view. S,2(8) of the E. S I. Act defines "employment injury'' as personal injury caused to an employed person by accident arising out of and in the course of employment. S.46 enumerates the various types of benefits an insured person or his dependants can claim from the Corporation; and one such benefit is "dependants' benefit". S.52 provides that where an insured person dies as a result of an employment injury, dependants' benefit shall become payable in accordance with the provisions of the First Schedule. S.53 imposes a bar against receipt or recovery of compensation or damages from the employer in respect of an insured person. The Section reads:-

(3.) Dealing with the scheme of the Employees' State Insurance Act and the object of S.61 in particular, the Punjab High Court had observed in Lakshmi Oil Mills v. Thakur Dass (41 FJR. 667):-