WCA Vs Employee state insurance

Querist :
Anonymous
(Querist) 27 July 2011
This query is : Resolved
Respected members ,we are electricity distribution company ltd we gave a contract for maintanance to shri balaji pvt limited .one contractors employee died due to elecrical accident.the above contractor insured deceased employee under
Employee state insurance my question is whether dependant of deaceasd is entital for compensation under workman compensation Act Act .As per section 61 of Employee state insurance Act61.
Bar of benefits under other enactments.
61. Bar of benefits under other enactments.- When a person is
entitled to any of the benefits provided by this Act, he shall not be
entitled to receive any similar benefit admissible under the
provisions of any other enactment

Guest
(Expert) 04 September 2011
Your presumption is correct. But when compensation under the WC Act is more than the ESIC Act, he cannot be denied that benefit to the extent short of the ESIC benefit.
prabhakar singh
(Expert) 04 September 2011
Expert : PS Dhingra rightly opined