1 S.B. Civil Misc. Appeal No.2593/2007 Smt. Prem Kanwar & Ors. vs. Surja Ram & Ors. S.B. Civil Misc. Appeal No.2593/2007 Smt. Prem Kanwar & Ors. vs. Surja Ram & Ors. Date : 12.11.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.M Bhandari, for the appellants. Mr.J Vyas ) for the respondents. Mr.A Bachhawat ) - - - - - Heard learned counsel for the parties. The only point involved in this appeal is as to whether the claimants could have maintained the claim under the Motor Vehicles Act specifically under Section 166 of the Motor Vehicles Act when the deceased was covered by E.S.I. Act. The Motor Accident Claims Tribunal, Jaisalmer in MACT Case No.7/2006 held that since the deceased was covered under the E.S.I. Act, therefore, the claim petition is not maintainable. This issue has already been decided by the Hon'ble Supreme Court in the case of Western India Plywood 2 S.B. Civil Misc. Appeal No.2593/2007 Smt. Prem Kanwar & Ors. vs. Surja Ram & Ors. Limited vs. P. Ashokan reported in AIR 1997 SC 3883. In view of above, I do not find any merit in this appeal and the same is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya