DHROPADABAI AND OTHERS versus M/S. TECHNOCRAFT TOOLINGS

DHROPADABAI AND OTHERS versus M/S. TECHNOCRAFT TOOLINGS

Once an employee is an insured person under Section 2(14) of the Employees' State Insurance Act, 1948, neither he nor his dependents are entitled to compensation or damages from the employer under the Workmen's Compensation Act, 1923, as Section 53 of the 1948 Act statutorily excludes such claims.

Parties
Appellant: Dhropadabai and others; Respondent: M/s. Technocraft Toolings
Jurisdiction
India
Judgment Date
19 March 2015
Procedural Posture
Civil Appeal / Supreme Court Judgment Following Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Workmen's Compensation, Employees' State Insurance, Entitlement of Compensation to Legal Heirs, Bar on Double Compensation
Labour Law Employee Compensation Law Workmen's Compensation Employees' State Insurance Entitlement of Compensation to Legal Heirs Bar on Double Compensation

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Parties

Dhropadabai and others

Appellant

M/s. Technocraft Toolings

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment Following Appeal From High Court

Legal Issues

  1. 1 Whether legal heirs of a deceased employee insured under the Employees' State Insurance Act, 1948 are entitled to compensation under the Workmen's Compensation Act, 1923
  2. 2 Whether Section 53 of the Employees' State Insurance Act, 1948 bars compensation under the Workmen's Compensation Act, 1923

Ratio Decidendi

Once an employee is an insured person under Section 2(14) of the Employees' State Insurance Act, 1948, neither he nor his dependents are entitled to compensation or damages from the employer under the Workmen's Compensation Act, 1923, as Section 53 of the 1948 Act statutorily excludes such claims.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Employer not to recover Rs.4 lakhs already withdrawn by legal heirs of deceased employee from periodical sums paid under the Employees' State Insurance Act, 1948