One of my relatives died in March 2011 in a road accident while traveling on official duty. Please advise me on whether we can claim compensation from the employer under the Workman Compensation Act. We have already filed a court case for a claim under the Motor Vehicle Act. The compensation from the employer will be an additional claim. He is not covered by PF & ESI.
From India, Udaipur
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1From India, Udaipur
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Dear Bala,
In case the incident happened after 01.06.10 and he was an insured person under ESI, the accident will be considered as an employment injury, and his family will receive Dependant benefit.
From India, Hyderabad
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In case the incident happened after 01.06.10 and he was an insured person under ESI, the accident will be considered as an employment injury, and his family will receive Dependant benefit.
From India, Hyderabad
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Compensation under the Workmen's Compensation Act shall be payable by the employer since the accident causing death had taken place while on duty. However, if compensation was or is payable by the insurers of the vehicle which met with the accident, then the employer need not pay compensation, but the compensation award of the MACT (Motor Accident Claim Tribunal) would be sufficient. I believe that a person cannot benefit from different insurers for the same subject matter insured. I have gone through a similar case wherein ESI's plea was accepted, stating that insurers of the vehicle had paid compensation.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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Dear All,
I agree with Mr. Madhu that one cannot claim benefits from more than one source. To my knowledge, when traveling in a vehicle with insurance, the insurance company will provide compensation directly.
Regarding other benefits, if ESI or ECA is applicable, then his dependents may claim a pension.
If I am mistaken, kindly correct me.
Regards,
Shaikh
From India, Bhubaneswar
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I agree with Mr. Madhu that one cannot claim benefits from more than one source. To my knowledge, when traveling in a vehicle with insurance, the insurance company will provide compensation directly.
Regarding other benefits, if ESI or ECA is applicable, then his dependents may claim a pension.
If I am mistaken, kindly correct me.
Regards,
Shaikh
From India, Bhubaneswar
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Dear all,
Sec. 53 of the ESIC Act creates a bar against receiving or recovering compensation or damages under any other law. An insured person or his dependants shall not be entitled to receive or recover, whether from the employer or the insured person or from any other person, any compensation or damages under the WC Act 1923 (now Employees' Compensation Act) or any other law for the time being. Only one forum can be chosen, either WC or MVAct 1988. I fully endorse the view expressed by Madhu TK.
Regards,
RL Dhingra, Advocate & Labour Law Consultant
From India, Delhi
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Sec. 53 of the ESIC Act creates a bar against receiving or recovering compensation or damages under any other law. An insured person or his dependants shall not be entitled to receive or recover, whether from the employer or the insured person or from any other person, any compensation or damages under the WC Act 1923 (now Employees' Compensation Act) or any other law for the time being. Only one forum can be chosen, either WC or MVAct 1988. I fully endorse the view expressed by Madhu TK.
Regards,
RL Dhingra, Advocate & Labour Law Consultant
From India, Delhi
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Dear Sri Bala,
The question you raised is very unique. I have gone through all the contents replied to by viewers/members of the site. I think the reply given by Sri Madhu T.K., a Senior Member, is quite clear and reasonable. I fully agree with him.
From India, Koraput
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The question you raised is very unique. I have gone through all the contents replied to by viewers/members of the site. I think the reply given by Sri Madhu T.K., a Senior Member, is quite clear and reasonable. I fully agree with him.
From India, Koraput
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Dear Sri Bala,
First of all, I express my sincere thanks to you for asking such a unique question that we are all facing in the industry. I have gone through all the replies, and I think the response given by Mr. Madhu T.K., a Senior Member, is very clear and reasonable. I fully agree with his view.
From India, Koraput
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First of all, I express my sincere thanks to you for asking such a unique question that we are all facing in the industry. I have gone through all the replies, and I think the response given by Mr. Madhu T.K., a Senior Member, is very clear and reasonable. I fully agree with his view.
From India, Koraput
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Dear Mr. TK Madhu Sir, Can you provide me the copy of "compensation Award of MACT(Motor Accident Claim Tribunal )" so that I may refer it and settle one of my case. Thanks, AK Sharma
From India, Mumbai
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From India, Mumbai
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By compensation award under MACT I mean the compensation as decided by the MACT in the concerned case only. Regards, Madhu.T.K
From India, Kannur
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From India, Kannur
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