TRISIS CORPORATION Vs. VIPIN KUMAR

JUDGEMENT

(1.) The short question involved in this appeal is whether the workman, who is entitled to benefits under the Employees State Insurance Act, 1948 (for short the ''ESI Act'') is entitled to receive or recover compensation or damages from the employer under the provisions of Workmen''s Compensation Act, 1923.

(2.) Admittedly, the employee Vipin Kumar was employed in the Trisis Corporation, i.e. the petitioner herein, as workman. He suffered injuries in an accident. It is not disputed that the employer and employee were governed under the provisions of the ESI Act and Vipin Kumar was granted Code/Insurance No. 863851. The petitioner took private treatment and thereafter was treated at Zonal Hospital, Hamirpur. He lost thumb of his right leg and claimed compensation from the employer, which compensation was assessed at Rs.1,01,340/- and Rs.51,875/- was awarded as interest. Against this award, the employer has come up in appeal and the main question raised in this appeal was admitted on the following substantial questions of law:-

(3.) Section 53 of the ESI Act reads as follows: