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

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Sajeev Menon (Expert) 27 July 2011
Hi,

This is based on the doctrine that the insurance is meant for compensating the damage, or as a relief for the loss sustained but shouldnt be meant to make profit.

Employee can resort to either one to redress his loss.

To get a better claim it is advisable for the employee to approach the WCC by impleading the insurance company as a respondent.

Kirti Kar Tripathi (Expert) 27 July 2011
If the employee is insured/covered under the ESI Act. WCA(ECA) will not applicable. Law is settled in this regard

Querist : Anonymous (Querist) 27 July 2011
Thanks Tripathi sir please give me any citation
of Hon'ble Apex court

Kirti Kar Tripathi (Expert) 28 July 2011
Find the attachmentK. Hamza And Another vs MS Emitici Engineering Limited, ... on 24 January, 2000

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