dear Bala, the reply given by Shri Madhu T K is very much reasonable I am fully agree with views. regards, Nagaraj S
From India
From India
One way to get compensation from both is to settle employee compensation amicably(Provided ur employer holds such policy) and file suit to get compensation under MACT
From India, Pune
1From India, Pune
The employee is not covered under esic. So that part is settled. There is no question of compensation by two insurers.
Does wc act say anything about lower or nil compensation in case of getting compensation any other source ? I thought it was independent liability of the employer
From India, Mumbai
Does wc act say anything about lower or nil compensation in case of getting compensation any other source ? I thought it was independent liability of the employer
From India, Mumbai
Dear All
In this case , the employee is not covered under ESI. A claim has been filed under Motor Vehicle Act for compensation from the vehicle insurer. The employee died while travelling on official duty in a transport hired by the company / employer. The company like to pay some compensation at their own. Please advise whether we can accept it with out any problem with our claim under Motor Vehicle act.. At some stage the our claim under motor vehicle act should not be rejected with reason that Employer has already paid compensation.
Regards
LAL
From India, Udaipur
In this case , the employee is not covered under ESI. A claim has been filed under Motor Vehicle Act for compensation from the vehicle insurer. The employee died while travelling on official duty in a transport hired by the company / employer. The company like to pay some compensation at their own. Please advise whether we can accept it with out any problem with our claim under Motor Vehicle act.. At some stage the our claim under motor vehicle act should not be rejected with reason that Employer has already paid compensation.
Regards
LAL
From India, Udaipur
I think a similar argument was made by united india in a case about 15 years ago. They claimed that lower amount was payable as the victim had life insurance. The supreme court declared that the insurance company liability did not diminish simply because the victim had the foresight to provide protection for his family.
Similar principal will apply to you. You will need to search for that supreme court decision and read it.
The only thing perhaps that you need to see is if your company is getting the compensation from their insurance company, in which case they may protest
From India, Mumbai
Similar principal will apply to you. You will need to search for that supreme court decision and read it.
The only thing perhaps that you need to see is if your company is getting the compensation from their insurance company, in which case they may protest
From India, Mumbai
Liability of an employer on employees death in road accident during office hours. Employee is on probation period ie 7 days in service . Esic enrolled. Further The other party who had injured the employees has escaped from sight. Now what is the liability of an employer for an employees.- compensation . Salary 7500/- was settled
Please Reply
Seema
From India, Delhi
Please Reply
Seema
From India, Delhi
Dear Mr B Lal
You have made it very clear that the employee was not covered by the ESI Act. Therefore he would be covered by the provisions of the Employees Compensation Act if he satisfies the definition of "employee" as defined under section 2(dd)of the Act. You have stated that a claim has already been filed before the MACT claiming compensation for the death due to accident. Please see section 3(5) of the Employees Compensation Act. According to this sub section if a civil suit is filed by an employee claiming damages for any injury he loses the right to claim compensation under the Employees Compensation Act. Though this section does not specifically state that the dependents of the employee who institute a civil suit for the death of an employee cannot claim the benefit of the ECAct, section 2(dd)(iii) of the EC Act says that the term employee would include the dependent of the employee if the injured employee is dead. Therefore the bar placed by Section 3(5) of the EC Act is applicable on the dependents of the deceased employee also. As an application under MACT had been filed no claim for compensation under EC Act would be entertained. If the employer makes some payment at best it could be set off against the Award of the MACTribunal. The Motor Vehicles Act has to be studied to answer this issue. But it is advisable not to accept the payment made by the employer till the MAC Tribunal gives its Award.
With regards
From India, Madras
You have made it very clear that the employee was not covered by the ESI Act. Therefore he would be covered by the provisions of the Employees Compensation Act if he satisfies the definition of "employee" as defined under section 2(dd)of the Act. You have stated that a claim has already been filed before the MACT claiming compensation for the death due to accident. Please see section 3(5) of the Employees Compensation Act. According to this sub section if a civil suit is filed by an employee claiming damages for any injury he loses the right to claim compensation under the Employees Compensation Act. Though this section does not specifically state that the dependents of the employee who institute a civil suit for the death of an employee cannot claim the benefit of the ECAct, section 2(dd)(iii) of the EC Act says that the term employee would include the dependent of the employee if the injured employee is dead. Therefore the bar placed by Section 3(5) of the EC Act is applicable on the dependents of the deceased employee also. As an application under MACT had been filed no claim for compensation under EC Act would be entertained. If the employer makes some payment at best it could be set off against the Award of the MACTribunal. The Motor Vehicles Act has to be studied to answer this issue. But it is advisable not to accept the payment made by the employer till the MAC Tribunal gives its Award.
With regards
From India, Madras
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