Section 2(8) -- 'Employment injury' – Interpretation of -- 'employment injury' given by the Act shows that the injury shall be deemed to be an 'employment injury' only if it is caused by an accident or an occupational disease arising out of and in the course of the employment of insured, if he is in an insurable employment – Injury would be an 'employment injury' only if he sustains such injury as an employee under this Act -- If the injury sustained by the injured or the death of the insured occurs outside the scope of the employment; the same cannot be considered to be an 'employment injury'.

(P&H HC) Decided on : 23.08.2017

Section 53 -- Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation for motor vehicle accident case – Employee covered under ESI Act – Claim of -- Prohibition of receipt of compensation or damages by the insured or his dependents under Employees State Insurance Act operates only if it is claimed in respect of an employment injury and it is claimed as an employee under that Act.

(P&H HC) Decided on : 23.08.2017

Section 53 -- Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation for motor vehicle accident case – Employees status -- While traveling, by any means, on the public road a person is not travelling as an employee under the Act, as is required by Section 53 of the Act -- Therefore, Section 53 of the Act cannot be deemed to be a provision for excluding the entitlement of the dependents of the deceased to receive compensation as provided under Motor Vehicles Act.

(P&H HC) Decided on : 23.08.2017