Dear Anil,
Could you kindly explain what you mean by "Total white was I did not get any help but people are fighting for one and another"? You should really consult a lawyer to check if you have sufficient evidence to claim compensation.
From United Kingdom
1624Could you kindly explain what you mean by "Total white was I did not get any help but people are fighting for one and another"? You should really consult a lawyer to check if you have sufficient evidence to claim compensation.
From United Kingdom
Anil,
The members have genuinely been trying to be helpful
These queries are necessary for understanding the whole issue.
You cannot and should not expect answers from professionals without getting certain details which they feel necessary to answer the query.
When learned members answer they are putting their professional reputation on stake.
I would not like to be giving incorrect answers because i didn't have full picture about the question.
My sincere advice to you would be to desist from writing things like whitewash or immaturity etc.
i understand you had a problem with company cab,but getting angry at queries of those who want to altruistically help is totally avoidable.
From India, Pune
The members have genuinely been trying to be helpful
These queries are necessary for understanding the whole issue.
You cannot and should not expect answers from professionals without getting certain details which they feel necessary to answer the query.
When learned members answer they are putting their professional reputation on stake.
I would not like to be giving incorrect answers because i didn't have full picture about the question.
My sincere advice to you would be to desist from writing things like whitewash or immaturity etc.
i understand you had a problem with company cab,but getting angry at queries of those who want to altruistically help is totally avoidable.
From India, Pune
Dear Queriest,
With my limited knowledge, answer to your query is as under:
You met with an accident while you were traveling in company offered vehicle. This is a road accident. But you were on duty.
It is not a fatal injury as stated you.
Since you were traveling in company offered vehicle, it's establishes that you were on duty / notional extension. This accident is definitely out of and in the course of employment and therefore your employer is liable to pay you compensation under the EC Act when your injury resulted in total or partial disablement for a period exceeding three days.
Your employer is liable to meet with your medical expenses without any limit.
Since your accident is a road accident, you are entitled to get compensation under Motor Vehicle Act upon the Accident Information Report filed by police to Claims Tribunal. If you have received any compensation under EC then the compensation awarded under Motor Vehicle will be adjusted accordingly. (LLR Supreme Court 295).
I hope your query is answered.
From India, Mumbai
With my limited knowledge, answer to your query is as under:
You met with an accident while you were traveling in company offered vehicle. This is a road accident. But you were on duty.
It is not a fatal injury as stated you.
Since you were traveling in company offered vehicle, it's establishes that you were on duty / notional extension. This accident is definitely out of and in the course of employment and therefore your employer is liable to pay you compensation under the EC Act when your injury resulted in total or partial disablement for a period exceeding three days.
Your employer is liable to meet with your medical expenses without any limit.
Since your accident is a road accident, you are entitled to get compensation under Motor Vehicle Act upon the Accident Information Report filed by police to Claims Tribunal. If you have received any compensation under EC then the compensation awarded under Motor Vehicle will be adjusted accordingly. (LLR Supreme Court 295).
I hope your query is answered.
From India, Mumbai
Dear Korgaonkar,
You have given an excellent reply to a short query.
My first reply was also that he was entitled to get reimbursement of medical expenses.
But giving additional details would have been ideal.
From India, Pune
You have given an excellent reply to a short query.
My first reply was also that he was entitled to get reimbursement of medical expenses.
But giving additional details would have been ideal.
From India, Pune
Hi,
Generally in such case, the driver / cab are not owned/employeed by MNC. They are hired from external agencies with a contract, & the contracts do not include the monitory compensation to the traveler from any accidents.
If the accident is due to negligence of driver, then there would be a police case & penalties resulting may / may not be in form of monitory compensation to the traveler.
Of course, the MNC would be able to provide the compensation through personal & accident policy for the employee. This will be based on the intensity of injuries & permanent or partial disability.
Has this accident happened on a highway (between Airport & your residence), or while commuting to company (between Office & your residence).
This would define which insurance would be able to provide compensation.
Going forward, I agree with Dinesh that, accidents happen. Company does not intend for this to happen.
If there were previous cases of negligence from driver from the same cab agency (Sleepiness, rash driving, near misses) with yourself or with colleagues reported, then you can put up your case for "negligence from admin & safety department" to the higher management. Depending on the safety rules someone from management can also lose his/her job on this.
Companies can surely make easy rules with the cab agency to avoid such incidents like:
1. Driver duty hours restricted.
2. Condition of driver/cab to be checked before start of journey.
3. As far as possible, avoid night travel (e.g.: going to airport in midnight can be avoided by providing hotel at airport for the night).
4. Compulsory feedbacks after each ride / periodic regular journeys.
5. Blacklisting agencies, which show inclination to break these rules; And changing the contracts with such cab agency timely.
Dear Anil8975,
Have you posted the original question as "Anonymous"?
If you really seek help / support from the open forum, then you have to provide detailed information about the incident. Also, this support will never be in black & white as you will hear all kinds of opinions. Which ones to accept & which ones to ignore is up to you.
If you have already made up your mind that "you are entitled to 'automatic' monitory compensation", then I would say that you have ignored the risk while getting in the cab in the first place.
I agree that there has to be some compensation for the discomfort, but in order to obtain it, you have to face the processes & put down the facts. Do not consider that MNC will become sentimental about your accident & just pay you compensation without verifying the same questions.
Best Regards,
Amod Bobade.
Generally in such case, the driver / cab are not owned/employeed by MNC. They are hired from external agencies with a contract, & the contracts do not include the monitory compensation to the traveler from any accidents.
If the accident is due to negligence of driver, then there would be a police case & penalties resulting may / may not be in form of monitory compensation to the traveler.
Of course, the MNC would be able to provide the compensation through personal & accident policy for the employee. This will be based on the intensity of injuries & permanent or partial disability.
Has this accident happened on a highway (between Airport & your residence), or while commuting to company (between Office & your residence).
This would define which insurance would be able to provide compensation.
Going forward, I agree with Dinesh that, accidents happen. Company does not intend for this to happen.
If there were previous cases of negligence from driver from the same cab agency (Sleepiness, rash driving, near misses) with yourself or with colleagues reported, then you can put up your case for "negligence from admin & safety department" to the higher management. Depending on the safety rules someone from management can also lose his/her job on this.
Companies can surely make easy rules with the cab agency to avoid such incidents like:
1. Driver duty hours restricted.
2. Condition of driver/cab to be checked before start of journey.
3. As far as possible, avoid night travel (e.g.: going to airport in midnight can be avoided by providing hotel at airport for the night).
4. Compulsory feedbacks after each ride / periodic regular journeys.
5. Blacklisting agencies, which show inclination to break these rules; And changing the contracts with such cab agency timely.
Dear Anil8975,
Have you posted the original question as "Anonymous"?
If you really seek help / support from the open forum, then you have to provide detailed information about the incident. Also, this support will never be in black & white as you will hear all kinds of opinions. Which ones to accept & which ones to ignore is up to you.
If you have already made up your mind that "you are entitled to 'automatic' monitory compensation", then I would say that you have ignored the risk while getting in the cab in the first place.
I agree that there has to be some compensation for the discomfort, but in order to obtain it, you have to face the processes & put down the facts. Do not consider that MNC will become sentimental about your accident & just pay you compensation without verifying the same questions.
Best Regards,
Amod Bobade.
Dear Amod Bobade ji,
Thank you very much for appreciating my reply to the queriest. But your above quoted statement is contradictory to my said reply. And therefore, I have to repeat here that there is a well set law and that is too, a special law viz. Employee Compensation Act 1923 and according to this law, the employer is liable to pay compensation in case of employment injury.
Only in following circumstances, employer is not liable to pay compensation:
1. If the injury does not result in total or partial disablement for a period exceeding three days.
2. If the injury does not result in death which is caused by an accident which is directly attributed to:-
(i) If an employee have been at the time thereof under the influence of drink or drugs;
(ii)Disobedience of employee to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of employee; or
(iii) Willful removal or disregard by employee of any safety guard or other device which he knew to have been provided for the purpose of securing safety of employee.
From India, Mumbai
Thank you very much for appreciating my reply to the queriest. But your above quoted statement is contradictory to my said reply. And therefore, I have to repeat here that there is a well set law and that is too, a special law viz. Employee Compensation Act 1923 and according to this law, the employer is liable to pay compensation in case of employment injury.
Only in following circumstances, employer is not liable to pay compensation:
1. If the injury does not result in total or partial disablement for a period exceeding three days.
2. If the injury does not result in death which is caused by an accident which is directly attributed to:-
(i) If an employee have been at the time thereof under the influence of drink or drugs;
(ii)Disobedience of employee to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of employee; or
(iii) Willful removal or disregard by employee of any safety guard or other device which he knew to have been provided for the purpose of securing safety of employee.
From India, Mumbai
Fatal =
Obsolete fated;
destined;
inevitable;
important in its outcome;
fateful;
decisive:
the fatal day arrived;
resulting in death
something that is capable of causing death. Certain cleaning products, drugs, for instance.
----May be he is trying to highlight the severity of the accident. We should not mind it.
As many have suggested, he, as an employee is entitled to medical exp, compensation, leave as it appears the incident/ accident has occurred (i) in the course of employment and (ii) caused by employer provided vehicle.
So I find no impediment in making a claim to the Employer, Owner of the Cab and the Insurance Co. to be supported with documentary evidences like FIR, photos taken at the scene of accident, eye witnesses' evidences, hospital records, bills & reports etc.
Possibly, if any disability has resulted or loss of parts of body/senses-hearing, eye sight etc or caused any incapacity to perform duty/normal living he should be compensated as per law.
From India, Bangalore
Obsolete fated;
destined;
inevitable;
important in its outcome;
fateful;
decisive:
the fatal day arrived;
resulting in death
something that is capable of causing death. Certain cleaning products, drugs, for instance.
----May be he is trying to highlight the severity of the accident. We should not mind it.
As many have suggested, he, as an employee is entitled to medical exp, compensation, leave as it appears the incident/ accident has occurred (i) in the course of employment and (ii) caused by employer provided vehicle.
So I find no impediment in making a claim to the Employer, Owner of the Cab and the Insurance Co. to be supported with documentary evidences like FIR, photos taken at the scene of accident, eye witnesses' evidences, hospital records, bills & reports etc.
Possibly, if any disability has resulted or loss of parts of body/senses-hearing, eye sight etc or caused any incapacity to perform duty/normal living he should be compensated as per law.
From India, Bangalore
""Do not consider that MNC will become sentimental about your accident & just pay you compensation without verifying the same questions. ""
Dear Korgaonkar,
what you said is settled law and provisions of WCA necessitates payment of compensation,but Amod Bobade is not wrong when he says "verifying the same questions"- i.e.Company will verify before payment.
Payment of compensation may not be automatic,but after certain checks are done.
On the lighter side,original querist has dropped out of discussion.
From India, Pune
Dear Korgaonkar,
what you said is settled law and provisions of WCA necessitates payment of compensation,but Amod Bobade is not wrong when he says "verifying the same questions"- i.e.Company will verify before payment.
Payment of compensation may not be automatic,but after certain checks are done.
On the lighter side,original querist has dropped out of discussion.
From India, Pune
Dear Nathrao, The original querist ,it appears , was never serious to know what our learned members wanted to say.He had a preset notion and did not want any other answer ! S K LIMAYE
From India, New Delhi
From India, New Delhi
Dear Mr. Keshav, Nathrao,
Thank you for clarifications on my (may be) somewhat ambiguous statement. Not being education in 'legal' field, sometimes the choice of words may not be very precise... :-)
What I wanted to say was, that the MNC is not the Indian government (With all due respect), which declares monitory relief almost immediately, upon any mishap. There is a difference in relief money & compensation money & there are different processes for that.
The questioner thinks that during his duty hours, company should take care of "everything" automatically. That, the personal level interventions are not needed. We see many cases of incidents, where work ethics are broken, illegal immigrations happen, corruption is supported, under the name of "this is requirement of my company". These all cases are very much personal, but we think that we are doing them for company, so company should be responsible for it.
If went wrong, many company related things can have very grave effect on personal life.
I travel many times for my work. Every time I personally ask the cab driver if he is sleepy. Once I even had demanded to change the cab for this reason. I ask him to stop for any tea/smoke breaks as per his comfort. Everytime he stops, I check that the area is safe to stop. If it does not feel so, I deny to stop there. I even fire the driver, if I see him driving rash, as it is my life that depends on it & not the company profit.
But I have seen many times, that travelers think of drivers like machines assigned to the work of delivering them.... especially employees returning from abroad, that they want to reach home at earliest, & try to push the driver without required breaks from driving.
I am not saying that it is not driver's fault in this case, but MNC will always take impartial view as the concerned employee & the cab company, both are hired by the MNC.
Being emotional to either side will only complicate the matters, & hence the company will stick to processes & rules.
Best Regards,
Amod Bobade.
Thank you for clarifications on my (may be) somewhat ambiguous statement. Not being education in 'legal' field, sometimes the choice of words may not be very precise... :-)
What I wanted to say was, that the MNC is not the Indian government (With all due respect), which declares monitory relief almost immediately, upon any mishap. There is a difference in relief money & compensation money & there are different processes for that.
The questioner thinks that during his duty hours, company should take care of "everything" automatically. That, the personal level interventions are not needed. We see many cases of incidents, where work ethics are broken, illegal immigrations happen, corruption is supported, under the name of "this is requirement of my company". These all cases are very much personal, but we think that we are doing them for company, so company should be responsible for it.
If went wrong, many company related things can have very grave effect on personal life.
I travel many times for my work. Every time I personally ask the cab driver if he is sleepy. Once I even had demanded to change the cab for this reason. I ask him to stop for any tea/smoke breaks as per his comfort. Everytime he stops, I check that the area is safe to stop. If it does not feel so, I deny to stop there. I even fire the driver, if I see him driving rash, as it is my life that depends on it & not the company profit.
But I have seen many times, that travelers think of drivers like machines assigned to the work of delivering them.... especially employees returning from abroad, that they want to reach home at earliest, & try to push the driver without required breaks from driving.
I am not saying that it is not driver's fault in this case, but MNC will always take impartial view as the concerned employee & the cab company, both are hired by the MNC.
Being emotional to either side will only complicate the matters, & hence the company will stick to processes & rules.
Best Regards,
Amod Bobade.
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