whether the insurance amount paid under the ESI Act is a “similar benefit” as the compensation which is claimed in a case where there is a Motor Vehicle accident and claim subsists so as to bar the same

Rajkumar Agrawal vs Vehicle Tata Venture | ESI Act | Motor Accident Compensation | CA 4941/2022 | 19 Jan 2023 | Justices A S Bopanna and Sudhanshu Dhulia | 2023 LiveLaw (SC) 62 | There is no authoritative pronouncement on the same as to whether the insurance amount paid under the ESI Act is a “similar benefit” as the compensation which is claimed in a case where there is a Motor Vehicle accident and claim subsists so as to bar the same. Further, learned counsel for the appellant also contends since the Motor Vehicle Act, 1988 being a subsequent Act and the provisions in Section 163(A) and 167 begin with a non obstante clause, the bar should not operate against the insured employee under the ESI Act to claim compensation under the Motor Vehicles Act - The Registry to place the matter before Hon’ble the Chief Justice of India to refer the matter to a Bench of an appropriate strength for authoritative pronouncement on this aspect.