IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL MISCELLANEOUS APPEAL NO : 1215 of 1998 (Appeal under Section ____ against the order/decree in OP no. : 540 of 1992 dated 12/03/1996 on the file of the court of theLand Reforms Appellate Tribunal-cum-II Additional District Judge, R.R.Dist at L.B.Nagar) Between: 1 Smt. Alluri Jyoti W/o. Aluri Rama Krishnam Raju R/o. C/o. Segiraju Rama Raju Srinivasa Camp, Bodan. 2 Master Saketh Varma, aged 6 years, minor rep. by his mother and natural guardian of Smt. A. Jyoti, R/o. C/o. Segiraju Rama Raju Srinivasa Camp, Bodan. ..... APPELLANTS AND 1 Alluri Allurai Raju S/o. Rama Raju, Manthina Varipalem, Pittalavanipalem Mandalam, Guntur District. 2 Alluri Laxmi Narsamma W/o. Allurai Raju, Manthina Varipalem, Pittalavanipalem Mandalam, Guntur District. 3 Alluri Mahendra Raju s/o. Allurai Raju, Manthina Varipalem, Pittalavanipalem Mandalam, Guntur District. 4 Sri Mohd. Mohin Khan S/o. Mohad Kajakahn, R/o. h.No. 11-2-244 Opp. Nampally Market, Hyderabad. 5 Sri MR. Kaya Hameeduddin father's name not known to the petitioners R/o. H.No. 8-2-604/44, R.No. 10, Banjara Hills, Hyderabad. 6 United India Insurance Co. Ltd, H.No. 310/A, Masab Tank, Hyderabad. .....RESPONDENTS Counsel for the Appellant:MR.M.V.R.NARASIMHA CHARYA Counsel for the Respondent No.: MR.A.V.K.S.PRASAD The Court delivered the following JUDGEMENT: THE HON’BLE SRI JUSTICE VILAS V AFZULPURKAR CIVIL MISCELLANEOUS APPEAL No.1215 of 1998 JUDGMENT: This appeal is filed by the claimants who are aggrieved by the dismissal of their claim for compensation under the Motor Vehicles Act, 1939. The said claim was instituted by the appellants / claimants who are the wife and son of the deceased and the claimant Nos.3 and 4 are the parents of the deceased, where as, the claimant No.5 is the brother of the deceased. It was alleged that on 09.06.1992, while the deceased was riding his motorcycle, a DCM van bearing No. ABT 4922 came in the opposite direction in a rash and negligent manner and dashed against the vehicle of the deceased. The deceased was initially taken to the Government Hospital and thereafter, to NIMS. While undergoing treatment, he died on 16.06.1992. A claim for compensation was being made by the claimants under the Motor Vehicles Act, 1939, by approaching the Tribunal below in O.P.No.540 of 1992. During the course of evidence, it is transpired from the evidence of P.W.1 that the deceased was working in M/s. Series Agro Limited and was covered under Employees State Insurance Act, 1948, and on account of the employment injuries suffered by him, both claimant Nos. 1 and 2 were receiving an amount of Rs. 850/- per month from the Employees State Insurance Corporation. The Tribunal below has noticed Section 53 of the Employees State Insurance Act, 1948 which specifically mandates that an insured person or his dependents shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen’s Compensation Act, 1923 (8 of 1923), or any other law for the time being in force or otherwise, in respect of an employment injury from the person which is regarded as employment injury. In view of the said provision and decision of the Division Bench of this Court reported in The National Insurance Co. Ltd. V Ch.Vijayalakshmi[1] , the compensation cases under the Motor Vehicles Act, 1939 was dismissed. In this appeal, the well settled legal position is urged by the learned counsel for the respondent and though nobody has appeared for the claimants for the last three days of hearings in spite of listing under the caption “for orders” and under the caption “for judgment”. In view of this legal position, the Civil Miscellaneous Appeal has no merits and is accordingly dismissed. There shall be no order as to costs. _____________________________ (VILAS V AFZULPURKAR, J) July 31, 2009 Bvv/Dsk [1] (1987) 2 ALT 193