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Motor Vehicles Act, 1988 – s. 173 – Motor accident – Resulting in death – Claim for compensation – Award by Motor Accident Claims Tribunal – Appeal by insurer contending that application for claim being u/s 173, not maintainable in view of s.53 of Employees States Insurance Act, 1948 – Appeal dismissed by High Court =On appeal, Held: Entitlement to the claim to be worked out by the Tribunal by taking note of s. 53 – Employees States Insurance Act, 1948 – s. 53. Regional Director, ESI Corporation and Anr. v. Francis De Costa and Anr. 1993 Suppl.(4) SCC 100; A. Trehan v. Associated Electrical Agencies 1996(4) SCC 255 and Bharagath Engg. v. R. Rangamayaki 2003(2)SCC 138, relied on. Case Law Reference: 1993 Suppl.(4) SCC 100 Relied on Para 6 1996(4) SCC 255 Relied on Para 7 2003(2) SCC 138 Relied on Para 8 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3324 of 2009. From the Judgment & Order dated 28.10.2002 of the High Court of Judicature at Allahabad in FAFO No. 2019 of 2002. Atul Nanda, R. Hakeem, Sanjay Bhardwaj and P.N. Puri for the Appellants. K. Radhakrishnan, B. Sunita Rao, Sunita Sharma, S.N. Terdol and Sushma Suri for the Respondents.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3324 of 2009 (Arising out of SLP(C) No. 5989 of 2003) National Insurance Co. Ltd. ….Appellant Versus Hamida Khatoon and Ors. ….Respondents JUDGMENT Dr. ARIJTI PASAYAT, J. 1. Leave granted. 2. Challenge in this appeal is to the judgment of the Division … Continue reading

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