Case: Dhropadabai  Vs. M/S. Technocraft Toolings

on the basis of the decision rendered by this Court in A. Trehan vs. Associated Electrical Agencies and Another (1996) 4 SCC 255 )that the legal heirs would not be entitled to get compensation under the 1923 Act as he was an insured person. 7. We have heard Mr. Sandeep Singh Tiwari, learned counsel for the appellants and Mr. Shashibhushan P. Adgaonkar, learned counsel for the respondent. 8. The status of the employee and the factum of his breathing last during the course of employment, cannot be called in question as it hinges on the facts and we find that the approach of the labour Court, as well as of the High Court on this score is absolutely infallible. Therefore, the only question that remains for consideration is whether the High Court is justified in denying the benefit under the 1923 Act. In this context, we may refer to Section 53 of the 1948 Act, which reads as under: 53. Bar against receiving or recovery of compensation or damages under any other law.- 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 Workmens Compensation Act, 1923 (8 of 1923), or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employment injury sustained by the insured person as an employee under this Act. 9. The aforesaid provision came to be interpreted by a two-Judge Bench in A. Trehans case, wherein the Court after reproducing the said provision and taking note of the definition of workman as provided under Section 2(1)(n) of the 1923 Act, came to hold as follows: A comparison of the relevant provisions of the two Acts makes it clear that both the Acts provide for compensation to a workman/employee for personal injury caused to him by accident arising out of and in the course of his employment. The ESI is a later Act and has a wider coverage. It is more comprehensive. It also provides for more compensation than what a workman would get under the Workmens Compensation Act. The benefits which an employee can get under the ESI Act are more substantial than the benefits which he can get under the Workmens Compensation Act. The only disadvantage, if at all it can be called a disadvantage, is that he will get compensation under the ESI Act by way of periodical payments and not in a lump sum as under the Workmens Compensation Act. If the Legislature in its wisdom thought it better to provide for periodical payments rather than lump sum compensation its wisdom cannot be doubted. Even if it is assured that the workmen had a better right under the Workmans Compensation Act in this behalf it was open to the Legislature to take away or modify that right. While enacting the ESI Act the intention of the Legislature could not have been to create another remedy and a forum for claiming compensation for an injury received by the employee by accident arising out of and in the course of his employment. 10. Be it noted, the Court distinguished the decision rendered in Regional Director, ESI Corporation vs. Francis De Cost a ((1993) Supp. 4 SCC 100), and overruled the Full Bench decision of the High Court of Kerala in P. Asokan vs. Western Indian Plywoods Ltd., Cannanore (AIR 1987 Kerala 103). In Bharagath Engineering vs. R. Ranganayaki and Another ((2003) 2 SCC 138 ), a two-Judge Bench has ruled thus: The deceased employee was clearly an insured person, as defined in the Act. As the deceased employee has suffered an employment injury as defined under Section 2(8) of the Act and there is no dispute that he was in employment of the employer, by operation of Section 53 of the Act, proceedings under the Compensation Act were excluded statutorily. The High Court was not justified in holding otherwise. We find that the Corporation has filed an affidavit indicating that the benefits under the Act shall be extended to the persons entitled under the Act. The benefits shall be worked out by the Corporation and shall be extended to the eligible persons. 11. n National Insurance Company Ltd. vs. Hamida Khatoon and Others (2009) 13 SCC 361 ), reference has been made to A. Trehans case, as well as Bharagath Engineerings (supra) and as it appears to us, the later Bench has concurred with the view expressed in the earlier case. 12. The aforesaid authorities make it eminently clear that once an employee is an insured person under Section 2(14) of the 1948 Act, neither he nor his dependents would be entitled to get any compensation or damages from the employer under the 1923 Act. We are obliged to hold so as the plain language used in the Act clearly conveys so. Therefore, we do not find any flaw in the view expressed by the High Court. At this juncture, we may state that while this Court granted leave on 22nd February, 2014, had directed the respondent to deposit Rs.4 lacs in the Registry of this court within four weeks and permitted the appellants to withdraw the said sum on furnishing a personal bond. We have been apprised that the amount has been deposited by the employer and also has been withdrawn by the legal heirs of the deceased employee. Though the respondent is getting the benefits under the 1948 Act, yet we do not intend that the amount that has already been withdrawn by the legal heirs of the deceased-employee, should be recovered by the employer by way of deducting the periodical sum that is paid to the family members of the deceased employee. We have passed this order as we are compelled to feel that the cause of justice should be best sub-served as the appellants have been fighting the litigation since a decade. 13.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]The aforesaid authorities make it eminently clear that once an employee is an insured person under Section 2(14) of the 1948 Act, neither he nor his dependents would be entitled to get any compensation or damages from the employer under the 1923 Act. We are obliged to hold so as the plain language used in the Act clearly conveys so. Therefore, we do not find any flaw in the view expressed by the High Court. At this juncture, we may state that while this Court granted leave on 22nd February, 2014, had directed the respondent to deposit Rs.4 lacs in the Registry of this court within four weeks and permitted the appellants to withdraw the said sum on furnishing a personal bond. We have been apprised that the amount has been deposited by the employer and also has been withdrawn by the legal heirs of the deceased employee. Though the respondent is getting the benefits under the 1948 Act, yet we do not intend that the amount that has already been withdrawn by the legal heirs of the deceased-employee, should be recovered by the employer by way of deducting the periodical sum that is paid to the family members of the deceased employee. We have passed this order as we are compelled to feel that the cause of justice should be best sub-served as the appellants have been fighting the litigation since a decade.