SBCMA No.1545/2007 RSRTC Vs. Gudarmal Raika 1 SBCMA No.1545/2007 RSRTC Vs. Gudarmal Raika DATE OF ORDER : - 12.11.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.PK Lohra, for the appellant. Mr.DS Gurjar, for the respondent. <><><> Heard learned counsel for the parties. The appellant is aggrieved against the award dated 13th May, 2004 on the ground that the claimant was the employee of the appellant at the time of accident and he in his own statement specifically admitted that he took all the amount for which she was entitled under the ESI Act. According to learned counsel for the appellant in view of the fact that claimant was covered under the provisions of the State Insurance Act, therefore, the claim petition before the Motor Accident Claims Tribunal was not maintainable. Since the issue has already been decided by the Hon'ble Apex Court in the case of Western India Plywood Ltd Vs. petitioner. Ashokan reported in (1997) 7 SCC 638, therefore, this appeal is allowed and the award dated 13th SBCMA No.1545/2007 RSRTC Vs. Gudarmal Raika 2 May, 2004 passed in favour of the respondent is set aside. The amount, which has been deposited by the appellant, may be refunded back to the appellant and in case, any recovery has been effected by the claimant from the appellant in pursuance of the award, the appellant shall be entitled to recover the amount from the respondent- claimant. (PRAKASH TATIA), J. c.p.goyal/-