Labour Law & Hr Consultant
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Dear Senior,
Here is points..
1. One area supervisor was on duty at night met an accident on road and got death but he was going to supervise to one to another site.
2. His job description was to supervise site of area where company's other labor working.
3. Accident time was at night 10.30 pm(Night)
4. Accident place on road
5. Company gave letter as a proof of on duty to insurance company.
6. other 2 cites holder (company) also gave letter as proof of on duty of area supervisor.
7. other co supervisor also gave statement to being on duty of supervisor.
in spite of all documents insurance company is not paying claim. insurance company saying that your employee is not account as an on duty..... so i m looking for your advise.
Pankaj Patel
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Dear Pankaj,
The last portion of your post is not clear - Whether you mean to say that the Isurance Company refuses to admit the claim on the ground that the deceased could not have been on duty in view of the odd hour of the accident? When the employer admits that the employee was on duty when he met with the accident based on the documents and evidence of witnesses, the Insurer can not shirk his responsibility in a casual manner. So, the exact contention of the Insurance Co should be available for further comments. Any way, if the dependents of the deceased employee file a claim for Compensation under the E.C Act,1923 against both the employer and the insurer, the Commissioner would decide it.
Respected sir, (Umakanthan ji)
Here is the situation raised as you understand.. but i seeking advise as per WC act 1923. it is companionable or not? as per your experience? what is your opinion??
Pankaj Patel
Dear Pankaj,
When the W.C Ins.Policy covers the Area Supervisor, the Insurer can not refuse to admit the claim for the reason cited unless the investigation conducted by them strongly suggested that at the time of accident he was not on duty. Anyway, check with the other employees whether they told anything contrary to the investigator.As I told earlier, you can admit the employment and the accident happened during the course of employment and plead that the liability for compensation lies with the Insurance Company before the W.C Commissioner when the case comes up for hearing.
Dear sir.. Thanks for your your valuable opinion.. I will check again all the documents and will contact to all employee regarding their opinion.. Thanks again... Warm Regards..
Dear Pankaj,
What has described by Mr.Umakanthan is very much correct. However,
Pl.ensure the following aspects:
1) If the deceased was your employee;
2) and has been covered under the policy;
3) and you can prove that pertinent premium/contribution has been remitted to the insurer;
4) he was on duty and died in the course of employment
then the insurer cannot deny the claim.
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