RAJ KUMARI NIGAM Vs. ASHOK

JUDGEMENT

(1.) THESE appeals arise against the Claim Case Nos. 6, 8 and 11 of 1987 decided by a common judgment dated 4. 8. 1988 by the learned 5th Additional M. A. C. T. , Indore, who was pleased to award the amounts to the respective respondents of all the appeals except Appeal No. 61 of 1989.

(2.) THE appellants of Appeal Nos. 50, 51 and 52 of 1989 argued that the Tribunal ought not to have granted the claims as the same were hit by Section 53 of the Employees' State Insurance Act, ('e. S. I. Act' for short) which reads as follows:

(3.) SO far as Appeal No. 61 of 1989 is concerned, it is a cross-appeal against Appeal No. 50 of 1989, wherein the appellants Raj Kumari Nigam and Hemant Kumar Nigam have appealed against the quantum of compensation. It was argued by Mr. M. L. Dhupar, learned Counsel for the appellant that the bar under Section 53 of the E. S. I. Act arises as the injuries received by the deceased in this accident could be termed 'employment injury', therefore, the Tribunal ought to have declined to exercise jurisdiction barred under that Act and directed the claimants to approach appropriate forum under the E. S. I. Act. So far as Appeal No. 61 of 1989 is concerned, he advanced one more argument that in any case the liability would be limited as the accident has occurred because of composite negligence on the part of the offending vehicles.