JUDGEMENT
NIRMALJIT KAUR,J. -
(1.)Both the above mentioned appeals shall stand disposed of by this common order as the same arise out of the same accident and award. FAO-8307-2014
(2.)The appeal is filed by the Insurance Company against the award dated 31.3.2014 vide which Rs.28,56,152/- was awarded in pursuance to a accident that took place on 27.7.2011 in the factory premises where a truck bearing No.UA08-E-9577 being reversed by the driver of the said vehicle in a rash and negligent manner struck against Kulnaresh Singh since deceased, who died on account of the injuries suffered by him.
(3.)While praying for setting aside the said award, learned counsel for the appellant-Insurance Company came forward with the arguments that the deceased was working as Quality Control Engineer. The accident took place in the factory where the deceased was present at the gate of the Amber Enterprises (I) Private Limited and the truck in question while revering hit into the deceased. Thus, the place of occurrence is the work place. He has already received benefit under the ESI Act and having received the same, the claimant was not entitled to compensation under any other law for the time being enforced in view of the bar under Section 53 of the ESI Act. Reliance was placed on the judgment rendered by the Hon 'ble Apex Court in the case of Mangalamma and others v. Express Newspapers Ltd. and another, 1982 AIR (Madras) 223 to support the contention that the factory was a private place and, therefore, the accident had taken place at a private place, the liability cannot be fastened upon the insurer.
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