NATIONAL INSURANCE CO. LTD. vs HAMIDA KHATOON .

The Supreme Court upheld the dismissal of the insurer's appeal against the Allahabad High Court's judgment, affirming the Motor Accident Claims Tribunal's award of Rs. 1,20,000 as compensation under the Motor Vehicles Act, 1988. The Court ruled that the insurer's argument regarding the applicability of Section 53 of the Employees State Insurance Act, 1948 was not maintainable as it was not raised in the written statement. The Court emphasized that remedies under the Motor Vehicles Act and the ESI Act are complementary and not mutually exclusive.