Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
Abedeen7
Assistant Manager Human Resources
Anilrsv Sharma
Statutory Compliances, Contract Labour, Pay
Sweta.spfl@gmail.com
Human Resource Management
+6 Others

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One of my relative died in March 2011 in road accident while traveling on official duty. Please advise me whether we can claim compensation from employer under Workman compensation act. We have already filed court case for claim under Motor Vehicle act. The compensation from Employer will be an additional claim. He is not covered by PF & ESI.
From India, Udaipur
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 employment injury and his family will get Dependant benefit..........
From India, Hyderabad
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 can not get 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 vehicle had paid compensation.
Regards,
Madhu.T.K

From India, Kannur
Dear All,
I agree with Mr.Madhu for the same one cannot claim benefits from more than one source. As per my knowledge while travelling on vehicle and it would have insurance, so insurance company will pay compensation as it is linked directly.
Regarding other benefit if ESI or ECA is applicable then his dependent may claim pension.
If I am wrong kindly correct me.
Regard's
Shaikh

From India, Bhubaneswar
Dear all
Sec. 53 of ESIC Act creates a Bar against receiving or recovery of compensation or damages under any other law . An insured person or his dependants shall not be entilted to receive or recover , whether from the employer or the insured person or from any other person , any compensaton or damages under the WC Act 1923 /now Employees compensation Act , or any other Law for the time being .Only one forum be choosen either WC or MVAct 1988. I fully endorse the view expressed by Madhu TK .
Regards
RLDhingra , Advocate & Labour Law Consultant

From India, Delhi
Dear Sri Bala
The question you raised is very unique . I have gone through all the contents replied by viewer/members of the site. I think the reply given Sri Madhu T.K.Sr. Member is quite clear and reasonable. I fully agree with him.

From India, Koraput
Dear Sri Bala
First of all I express my sincere thanks to you for asking such unique question which we are all facing in the industry.
I have gone through all the replies and I think the reply given by Mr Madhu T.K., Sr. Member is very clear and reasonable and I fully agree with his view

From India, Koraput
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
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
If an employee is insured under ESI Act then only Employee compensation will be given by Company in case of death in road accident while travelling on office............ Regards — Sweta
From India, Pune

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