PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Business Mentor, Consultant And Trainer
Partner - Risk Management
Learning & Teaching Fellow (retired)
Asso.prof.(commerce & Management)
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Insolvency N Gst Professional
Korgaonkar K A
Consultant In Legal Matters
Retired From Air India
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nathraoThe company will have to pay for the medical treatment. As far as modification of car was concerned,the company can be held responsible for negligence in hiring a car with unauthorised modification.
From India, Pune
Dinesh DivekarDear Anil,
From your small post, following points emerge:
a) Why the accident happened? Was it because of modification of the car or because of the negligence of the driver? What is the primary reason and what was the secondary reason? When the car was modified?
b) Accident (probably) happened because driver slept while driving. At what time the accident happened? How many hours driver had worked? Was his rash driving noticed any time earlier? Did anyone report it to the company's authorities?
c) Were you only injured or other passengers also were injured? What about driver? Was he injured?
d) Did company foot bill for the medical expenses? What about insurance? Are you covered under company's group insurance or ESI? What about your personal insurance?
e) While providing transport facility to the employees, most of the companies obtain indemnity bond from the employees. Has your company done that? Have you checked the provisions of the indemnity bond?
f) If you had fatal injuries after the accident then did traffic police investigate the matter? Have they booked the driver for negligent driving? Have they noticed the modification of the car?
g) You were injured fatally. Has the fatality resulted into permanent or partial disability? In that case company is liable to pay compensation under the provisions Workers Compensation Act (WCA). However, we have to check the provisions of the WCA on whether you are eligible for the compensation claim?
There are so many questions associated with your post. Unless we have complete information, we cannot give our comments. You are involved in the road accident but then accidents do happen in the factories also. However, employers are liable for compensation provided the claim is admissible under the provisions of WCA. Paying compensation on and above WCA may not be possible for every employer and for the fear of the accidents, nobody will run the factory or their businesses. While saying I also have complete empathy for you. Accident should never have happened. However, we need to have holistic approach towards to the industry or society as a whole.
From India, Bangalore
saswatabanerjeeIf you were fatally injured, I wonder how you are able to write this post......
Fatal means resulting in DEATH.
While Divekar has given a detailed set of question, without which giving a reply is not possibles, I disagree to the last part of his post. If the employer is providing transport, then he is responsible for what happens in it. In fact any undertaking or indemnity is immaterial where the control and supervision, as well as choice of vehicle and driver is of the company and not the employee. Employee Compensation Act (earlier called WCA) is the law of the land and needs to be followed. If the employer can not do that, he should not be in business any more than those running sweatshops.
As for your query, since we do not have the fill information I would suggest you discuss this with a lawyer and then decide your course of action. You may also be entitled to compensation from insurance companies under the motor vehicles act.
From India, Mumbai
The questions asked by Shri Dinesh are valid and need answers for proper understanding of the case.
When you put up a question in a public forum ,one should be ready to answer queries.
For example you have written ""I met with an accident in my company cab were in the driver was sleeping and the cab was badly damaged which led to me getting fattaly injured.""
This could give a feeling the car was stationery when it got hit as driver was sleeping and fatally injured means death also.
Or did driver fall asleep while driving??
Your two posts above do not address core issues which were raised by one Mr Dinesh a learned poster.
It would have been preferable if they were answered rather than the reply you furnished which does not add to learning or bringing us closer to point of satisfactory answer to your problem.
The problem you posed was can you get compensation.Now try and see whether your two communications/posts has lead you closer to an answer/reply which gives you guidance.
Notwithstanding your incomplete query-You are entitled for some compensation under MV Act,if you follow procedure of claim.
My advice would be keep posts relevant to query and avoid terming any learned member as immature and so on.
All the best.
From India, Pune
Harsh Kumar Mehta1, Sir, I personally feel that to claim the compensation from employer under Employees' Compensation Act, 1923 on the basis of any type of negligence or omission on the part of employer or his contractor or agent (in this case Company Cab) is difficult, though not impossible. Kindly see Proviso to Section 3 of the said Act which creates exceptions and protects the employers in cases of accidents in some situations. The cases are filed in the court of law/authority created under said Act, but the injured employee or his dependents do not get any compensation. The employers put forth so many arguments and evidence in the court to probe the point that at no level the employer was responsible. In case of senior functionaries/officers, another plea is raised that the injured officer was not an "employee" within the meaning of said Act since the definition of "employee" is confined to a list as mentioned in Schedule-II of said Act. If it is proved that the injured officer was not an "employee", then he had no alternative except to file a civil suit for damages/compensation resulting into long procedure etc. Ultimately, it is the injured employee or his dependent who is to suffer.
2. The position is, however, different so far as accidents occurred in respect of such units and their employees who are covered under ESI Act, 1948 and rules/regulations framed thereunder. ESIC pays benefits to the injured/dependents, even though there may be some element of negligence or omission on the part of employee or employer. The main condition is that injured person should be an employee and such accident should have occurred in the course and out of employment. In respect of road accidents, the principle of notional extension of premises and time is applied and in case it is probed that there was no link to probe the accident due to and out of employment, the cases are rejected as that of accident and no compensation is paid. So therefore, in my opinion, the place, time and other factors as raised by Sh. Dinesh Divekar ji in his remarks as above are very relevant and important.
3. Since the initiator of this thread in his comments has not disclosed full facts, hence, in my opinion, Sh. Dinesh Divekar ji has rightly commented in his lengthy remarks as above covering all possible situations. I am contributing in this citeHR since more than one year and has always found the views of Sh. Divekar ji very useful and relevant to the situations as narrated by the initiator of the topic/thread. Though, the initiator of this thread has raised objections to the remarks of Sh. Divekar ji as above, but I am sure as and when he will initiate any action against the employer, he will be required to make his position clear in the court of law or before authority created under Employees' Compensation Act, 1923 or in civil suit for damages on all the issues as raised and pointed out by Sh. Dinesh Divekar ji.
From India, Noida
saswatabanerjeeThis is one of the more amusing threads I think.
The OP posts a message claiming he had Fatal accident (he is therefore dead)
Then he says he is from an MNC (as if that makes any difference to us who are on the forum)
Gives partial information in a manner that makes the thread incomprehensible
And insults one of the senior members of the forum, by calling him frustrated and immature.
And he actually expects people to go our of the way and help him. Wow !!!
From India, Mumbai
The forum is really interesting.
The posts give a full range of human emotions and needs.
Someone offers you quick money by mere copy pasting work,quick loans,some one wants to know how to escape the ill effects of lying or submitting fake certificates.
There are posts from people employed on HR who are well versed, but we have some who do not know /forgotten basics of HR; even at mid to senior level.
We have some posts where in one wants to get even with his company for alleged poor treatment.
I must admit I learnt a lot from learned posters while answering queries,but I have learned more about psychology of people in this forum.
One must grow from being a HR practitioner to HR leader.
HR needs to grow from just supporting the business by being a mere collector of resumes, hearing complaints, administering benefits or ensuring compliances to driving the business towards greater heights.
From India, Pune
anil8975Total white was I did not get any help but people are fighting for one and another
From India, Hyderabad
SAIBHAKTAYes .Indeed it is very surprising that Anil8975 who has joined only this year has made such an irresponsible comment on Dineshji ,a member since a long time ,who always writes in a very comprehensive way covering all possible aspects. Moreover the initial post and the follow up is devoid of any details.How can Anil8975 expect us to give him any advice ?
From India, New Delhi