I am one of the Director in Private Limited Company. Our registered office is in Delhi. One of our staff member passed way during installation of equipment at site at Amoha (Moradabad). The staff member belongs to Agra.
Our company paid the medical bills when was admitted in the hospital for 4 days and done what ever best can be done, but unfortunately he passed away due to head injury.
Now his family member filed a case at Agra against Company and all directors.
I want to know:
1. Are all / any Director libel in this case
2. Can the case transferred to Delhi
3. Company is not in position to pay a hefty amount in one go / even in parts in small interval of time as company is already running through Hugh losses (clearly visible in Balance sheets and Bank statements). What are the other options to pay compensation.
In the end, it is nothing like company does want to pay. Company wants to pay salary of the staff for say 5 years / 8 years.
With regards
Rohit Nanda
From India, Delhi
1Our company paid the medical bills when was admitted in the hospital for 4 days and done what ever best can be done, but unfortunately he passed away due to head injury.
Now his family member filed a case at Agra against Company and all directors.
I want to know:
1. Are all / any Director libel in this case
2. Can the case transferred to Delhi
3. Company is not in position to pay a hefty amount in one go / even in parts in small interval of time as company is already running through Hugh losses (clearly visible in Balance sheets and Bank statements). What are the other options to pay compensation.
In the end, it is nothing like company does want to pay. Company wants to pay salary of the staff for say 5 years / 8 years.
With regards
Rohit Nanda
From India, Delhi
you have not been able to present the situation which can be replied in laws, many questions are there,
what was the age, duration of service, post / designation and qualification of employee
why the company paid the medical bills? was he not in payroll? insurance cover? ESIC ?
better to meet a labour lawyer in your city, case can be filed only at the place of incident, a labour lawyer will enroute the documents properly, in absence of irregular paper work of employer, the case will go in a mess only
you can discuss the legal aspects also with the lawyer, i hope you can be a good situation after hiring a labour lawyer
what was the age, duration of service, post / designation and qualification of employee
why the company paid the medical bills? was he not in payroll? insurance cover? ESIC ?
better to meet a labour lawyer in your city, case can be filed only at the place of incident, a labour lawyer will enroute the documents properly, in absence of irregular paper work of employer, the case will go in a mess only
you can discuss the legal aspects also with the lawyer, i hope you can be a good situation after hiring a labour lawyer
Dear Rohit
In my opinion, it would be better to get in touch the deceased's family member who has filed the case at Agra and
try to get an idea of the compensation amount they are looking for which may be intimated to the management and they may also be present while the matter is being discussed, as it would always be better to settle the matter
amicably, out of court. As you know, as they have filed a case, and your company, it appears, has not covered the
employees under ESI, which will be viewed very seriously. Since the management is ready to pay 5/8 years, salary as compensation to the deceased's family, you can try for this first and see whether it works out or not.
From India, Chennai
In my opinion, it would be better to get in touch the deceased's family member who has filed the case at Agra and
try to get an idea of the compensation amount they are looking for which may be intimated to the management and they may also be present while the matter is being discussed, as it would always be better to settle the matter
amicably, out of court. As you know, as they have filed a case, and your company, it appears, has not covered the
employees under ESI, which will be viewed very seriously. Since the management is ready to pay 5/8 years, salary as compensation to the deceased's family, you can try for this first and see whether it works out or not.
From India, Chennai
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