GANPAT PRATAP BHOGLE Vs. H.L. ROCHE

JUDGEMENT

(1.) THIS appeal is companion to Original Side Appeal No. 676 of 1993 in Associated Electrical Agencies v. Commissioner for Workmen's Compensation 1994 ACJ 1078 Bom, in which today we have delivered judgment. For the reasons recorded in that judgment, this appeal must fail. The appellant in this case was employed in Forbes Forbes Campbelle and Co. Pvt. Ltd. and was proceeding to the place of work in a bus engaged by the employer. Motor vehicle bearing No. MRR 7601 met with an accident on January 28, 1979, causing injuries to the appellant, It is not in dispute that the establishment where the appellant was working is covered by the provisions of Employees' State Insurance Act. It is equally not in dispute that the appellant has received the benefits available under Employees' State Insurance Act in respect of the employment injury suffered.

(2.) THE appellant filed claim for damages before Motor Accidents Claims Tribunal for Greater Bombay in respect of the injury suffered. The application was resisted by the employer and the owner of the bus which met with the accident on the ground that the claim was barred under Section 53 of Employees' State Insurance Act. The objection was upheld by 3rd Additional Motor Accidents Claims Tribunal by order dated January 25, 1985 and the application for damages was dismissed. The order of dismissal has given rise to this First Appeal.

(3.) ACCORDINGLY , appeal is dismissed but there will be no order as to costs.