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National Insurance Co. Ltd., Madras Vs. P. Saraswathi Mohan - Court Judgment

LegalCrystal Citation
SubjectMotor Vehicles
CourtChennai High Court
Decided On
Case NumberC.R.P. Nos. 2181 and 2545 of 1981
Reported inAIR1982Mad371
ActsMotor Vehicles Act, 1939 - Sections 110A; Employees State Insurance Act, 1948 - Sections 53
AppellantNational Insurance Co. Ltd., Madras
RespondentP. Saraswathi Mohan
Advocates:N. Rosi Naidu, Adv.
Cases ReferredMangalam v. Express Newspapers Ltd.
- .....of the tribunal taking a contrary view cannot be maintained, that order is set aside and the civil revision petitions are allowed no order as to costs.2. petitions allowed.

1. The only question that arises for consideration in these civil revision petitions is whether the claim for compensation Preferred by respondents 1 to 5 herein, before the Motor Accidents Claims Tribunal, North Arcot at Vellore, is entertainable, in view of the provisions of S. 53, Employees' State Insurance Act. Though at the time when the matter was with by the Tribunal, the matter not been examined by this court, dealt had now a Division Bench of this Court in Mangalam v. Express Newspapers Ltd., AAO No. 601 of 1978, judgment dated 2nd July 1981: (Reported in : AIR1982Mad223 ) has ruled that Section 53, Employees' State Insurance Act, would bar the maintainability of a claim for compensation under Section 110-A, Motor Vehicles Act. In view of this decision, the order of the Tribunal taking a contrary view cannot be maintained, That order is set aside and the civil revision petitions are allowed No order as to costs.

2. Petitions allowed.

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