Umakanthan53
Labour Law & Hr Consultant
Riteshmaity
Labour Law Advocate
Gul1274
Ca Student

Thread Started by #gul1274

Hello,
I need to know if an employee during working condition met an accident which results to death. what is the minimum time period for his employment under that employee to claim compensation from employer?
And where should the compensation be filed... in court or to labour commissioner?
23rd December 2016 From India, Sirsa
No minimum service is required to be eligible to claim compensation under the Employees Compensation Act,1923 in case of death or disability from an employment accident. In case of death of the employee arising out of the employment accident, the employer has to calculate the compensation as specified in the Act, deposit the amount thus determined with the Commissioner for Employees Compensation appointed under the Act for the area where the establishment is located with all the particulars relating to the employee and the accident.
23rd December 2016 From India, Salem
okay thankyou... i would also like to know that what is the time period before which dependants of died employee can file compensation from employer?
23rd December 2016 From India, Sirsa
And is there any chance of not getting compensation if the employee had consumed drugs during the time of road accident?
23rd December 2016 From India, Sirsa
Normally it is two years from the date of accident or the death of the employee and the Commissioner, having been satisfied with the reasons adduced for the delay beyond two years, can condone the delay and take up the claim for adjudication.
In case of death resuting in an employment accident, such contributory or causative factors for the accident can not be valid for defeating the claim of the dependents.
23rd December 2016 From India, Salem
Sec.10 sets a limitation of 2 years for claiming the compensation before the commissioner from the date of accident unless the commissioner condones any delay with sufficient cause.
Sec.3 (b) (i) - Employer is not liable to pay any compensation if the employee was under the influence of drug or alcohol at the time of accident.
23rd December 2016 From India, Kolkata
Mr.Ritesh Maity,
Just a few words for the sake of clarification. Your contention quoting sub. clause (i) of cl (b) of ss(1) of Sec.3 will be correct only in as much as the resultant effect of the injury is neither death nor permanent total disablement. In fact I only mentioned briefly the acts cited in sub clauses (i),(ii) and(iii) of Sec.3(1)(b) as "contributory or causative factors" in my previous reply since the initial post is relating to a death case.
23rd December 2016 From India, Salem
Umakanthan.M Sir,
just for academic discussion, suppose X dies in course of his employment but found to have been in an intoxicated conditions during the time of accident/ employment, will he be entitled to compensation under the Act?
24th December 2016 From India, Kolkata
Mr.Ritesh Maitey,

While appreciating your academic interest and the logical argument behind your question, first I would like to quote the following observation of the Full Bench of the hon'ble Calcutta High Court in Lipton India Ltd. vs. Gokul Ch. Mandal [1982(1) LLJ 255(FB)(Cal)]: "The Act is a piece of social security legislation and it is generally accepted that various provisions of the Act ought to receive a liberal interpretation. Since it is a welfare legislation, made for the interests of poor workmen in the case of any provision capable of more than one intrpretation, that which is more favourable to the workman should be adopted."

Now, I would request you to go through the rider clause of Sec.3(1) once again and make a plain reading of the entire proviso(b) as it is and then read conjunctively the clauses (i),(ii) and (iii). Even though the attributes specifically and exhaustively as well mentioned therein are present in an employment accident, it would simply mean that if it is a case of death or permanent total disablement giving rise to a claim for compensation under the Act, such reasons can not absolve the employer of his liability. In other words, none of the above clauses of proviso (b) to ss(1) would apply in the case of death. These clauses would bar a claim by the injured workman in case of injury attributable to any of the circumstances provided in these three clauses. Based on this rationale, the hon'ble High Court of Orissa held [ Branch Manager, United India Insurance Company Ltd. vs Smt.Bhagapati Naik 1999(2) LLJ 1427 ] that the claim of a widow of a workman who died as a result of injuries sustained in an accident arising out of and in the course of employment can not be rejected even assuming that the driver was under the influence of liquor at the time of the accident.
24th December 2016 From India, Salem
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