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1997 DIGILAW 714 (MP)

Pandu D/O Shri Uma Charan Mishra v. Divisional Manager Of M. P. State

1997-10-23

A.K.MATHUR, S.JHA

body1997
JUDGMENT 1. This is an appeal against the order dated April 5, 1997 passed by the Commissioner, for Workmen's Compensation No. 3, Gwalior, whereby the Commissioner for Workmen's Compensation has dismissed the claim of the claimants on the ground that the claim is not maintainable by Section 53 of the Karmachari Rajya Beema Adhiniyam, 1948. Section 53 says that such a claim should only be placed before the competent Court and not before the Workmen's Compensation Court. The workmen met with an accident while they were working as employees of the M.P. State Road Transport Corporation in an accident with Citizen Travels Video coach and they filed claim before the Workmen's Commissioner. An objection was raised on behalf of respondents that the Workmen's Compensation Commissioner has no jurisdiction by virtue of Section 53 of the Employees' State Insurance Act, 1948, and it has to be decided by the Employees' State Insurance Court. Our attention was invited to the judgment in the case of A. Trehan v. Associated Electrical Agencies re ported in [1996-II-LLJ-721] (SC). 2. After hearing the learned Counsel for the parties we arc of the opinion that the contention of the respondents is justified as Section 53 is a bar for entertaining such claims by the Commissioner for Workmen's Compensation. This has been also held by the Hon'ble Supreme Court in the case of A. Trehan v. Associated Electrical Agencies (supra). In this view of the matter we uphold the view taken by the Commissioner for Workmen's Compensation. However, if the appellants file their claim before the competent Court, they may now file their claim within one month and limitation will not be permitted to be raised by the authority. With this observation the appeal is dismissed.