Day: February 19, 2019

WESTERN INDIA PLYWOOD LIMITED Vs. P. ASHOKAN

it is clear that the respondent could not make a claim for damages. Section 53 disentitles an employee who has suffered an employment injury from receiving or recovering compensation or damages under the Workmen’s Compensation Act or any other law for the time being in force or otherwise. The use of the expression “or otherwise” would clearly indicate that this section is not limited to ousting the relief claimed only under any statute but the wordings of the section are such that an insured person would not be entitled to make a claim in Torts which has the force of law under the Employees Insurance Act. Even though the Employees Insurance Act is a beneficial legislation the Legislature Had thought it fit to prohibit an insured person from receiving or recovering compensation or damages under any other law, including Torts, in cases where the injury had been sustained by him is an employment injury.

APPAJI (SINCE DECEASED) AND ANOTHER Vs. M. KRISHNA AND ANOTHER

The decisions of the Supreme Court have thus settled the legal position insofar as payment of compensation on no fault basis u/s 92-A of the old Act and Section 140 of the Motor Vehicles Act, 1988 is concerned. Regardless whether the person injured or killed in a road accident was himself partially or wholly responsible for the accident, compensation under the said provision is payable to the victim or his legal heirs.