LAKSHMI OIL MILLS Vs. THAKUR DAS AND ORS.

JUDGEMENT

(1.) WHETHER a workman insured under the relevant provisions of the Employees' State Insurance Act, 1948 or his dependants are barred by virtue of Section 61 of the said Act from claiming compensation or other similar benefit under the provisions of the Workmen's Compensation Act, 1923, is the sole issue which arises for determination.

(2.) THE only point that has been agitated is one of pure law and the briefest reference to the facts relevant thereto would suffice. Kharaiti Lai deceased was employed as a workman on monthly wages of Rs. 120/ - in the factory owned by the Appellant Messrs. Lakshmi Oil Mills of Ambala City. On November 26, 1966, the workman abovesaid whilst working in the said factory fell into the hot water tank situated on the premises and was extricated there from in an unconscious condition. His father Thakar Dass reached there on information received and along with an employee of the Appellant removed Kharaiti Lai deceased to the Civil Hospital, Ambala, where he succumbed to his injuries at 3 p.m. on the same day. The parents of the deceased then brought an application under Section 3 of the Workmen's Compensation Act, seeking Rs. 10,000/ - as compensation. Apart from controverting the case of the applicants on merits the Appellant took a legal plea that they were not liable to pay any compensation to the deceased or his dependants as the former was insured under the Employees State Insurance Act, and the Corporation created under that statute alone was liable. The trial court framed the following issues:

(3.) TO what amount of compensation are the applicants entitled and from whom?