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
When an employee dies in a road accident while traveling on official business, several factors come into play regarding compensation. The specific compensation package and benefits may vary depending on the organization's policies, local regulations, insurance coverage, and the circumstances of the accident. However, here are some common considerations:
Life Insurance Benefits:
Many organizations provide life insurance coverage to their employees as part of their benefits package.
If the employee had life insurance coverage, their designated beneficiaries (usually family members) would be entitled to receive the insurance proceeds.
The amount of the life insurance benefit and the eligibility criteria may vary based on the employee's position, salary, and the terms of the insurance policy.
Accidental Death and Dismemberment (AD&D) Insurance:
Some employers offer AD&D insurance as part of their benefits package, which provides additional coverage in the event of accidental death or severe injury.
If the employee had AD&D insurance, their beneficiaries may be entitled to receive a lump-sum payment or other benefits specified in the policy.
Workers' Compensation:
Depending on the jurisdiction and local laws, the employee's death may be covered under workers' compensation insurance if the accident occurred during the course of employment.
Workers' compensation benefits may include compensation for medical expenses, funeral expenses, and survivor benefits for the deceased employee's dependents.
The process for filing a workers' compensation claim and determining eligibility varies by jurisdiction and may involve coordination between the employer, insurance provider, and relevant government agencies.
Travel Insurance:
If the employee was traveling on official business, the organization may have travel insurance coverage that provides benefits in the event of accidents, illness, or other emergencies during travel.
Travel insurance may cover medical expenses, emergency medical evacuation, repatriation of remains, and other related costs.
The coverage and benefits provided by travel insurance policies may vary, so it's essential to review the policy terms and conditions.
Additional Benefits and Support:
In addition to insurance benefits, organizations may offer additional support to the deceased employee's family, such as financial assistance, counseling services, or assistance with practical matters.
Employers may also provide support to employees who are affected by the loss, such as grief counseling or time off to cope with the situation.
In summary, the compensation and benefits available to the family of an employee who dies in a road accident while traveling on official business may include life insurance benefits, AD&D insurance benefits, workers' compensation benefits, and travel insurance benefits, depending on the specific circumstances and coverage provided by the employer. It's essential for employers to communicate clearly with employees and their families about available benefits and provide support during such difficult times.
From India, Mumbai
Life Insurance Benefits:
Many organizations provide life insurance coverage to their employees as part of their benefits package.
If the employee had life insurance coverage, their designated beneficiaries (usually family members) would be entitled to receive the insurance proceeds.
The amount of the life insurance benefit and the eligibility criteria may vary based on the employee's position, salary, and the terms of the insurance policy.
Accidental Death and Dismemberment (AD&D) Insurance:
Some employers offer AD&D insurance as part of their benefits package, which provides additional coverage in the event of accidental death or severe injury.
If the employee had AD&D insurance, their beneficiaries may be entitled to receive a lump-sum payment or other benefits specified in the policy.
Workers' Compensation:
Depending on the jurisdiction and local laws, the employee's death may be covered under workers' compensation insurance if the accident occurred during the course of employment.
Workers' compensation benefits may include compensation for medical expenses, funeral expenses, and survivor benefits for the deceased employee's dependents.
The process for filing a workers' compensation claim and determining eligibility varies by jurisdiction and may involve coordination between the employer, insurance provider, and relevant government agencies.
Travel Insurance:
If the employee was traveling on official business, the organization may have travel insurance coverage that provides benefits in the event of accidents, illness, or other emergencies during travel.
Travel insurance may cover medical expenses, emergency medical evacuation, repatriation of remains, and other related costs.
The coverage and benefits provided by travel insurance policies may vary, so it's essential to review the policy terms and conditions.
Additional Benefits and Support:
In addition to insurance benefits, organizations may offer additional support to the deceased employee's family, such as financial assistance, counseling services, or assistance with practical matters.
Employers may also provide support to employees who are affected by the loss, such as grief counseling or time off to cope with the situation.
In summary, the compensation and benefits available to the family of an employee who dies in a road accident while traveling on official business may include life insurance benefits, AD&D insurance benefits, workers' compensation benefits, and travel insurance benefits, depending on the specific circumstances and coverage provided by the employer. It's essential for employers to communicate clearly with employees and their families about available benefits and provide support during such difficult times.
From India, Mumbai
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