Dear friends,
The tragic employment accident mentioned by Mr.HariharPrasad is not still clear whether it is a case of fatal accident to an Indian employee while employed abroad or in India.But, the accident mentioned by Mr.Srivatsava is clearly a case of fatal accident to an Indian employee employed by a company registered in India while working abroad.Out of my work experience as a Commissioner for Compensation under the Employees Compensation Act,1923 I share my view points in respect of both cases as follows:
S 15-B of the E.C Act,1923 provides for special provisions relating to workmen abroad of companies and motor vehicles.Other things remaining the same or similar,
(1)the first and foremost condition for a claim for compensation under these special provisions of the Act is that the company for whose employment the workman was recruited and sent abroad should have been registered in India.
(2)the notice of the accident and the claim for compensation may be served on the local agent of the company in the country of accident.
(3)ordinarily,in the case of death of the workman in respect of whom the provisions of S.15-B is applicable, the claim for compensation shall be made within one year after the receipt of the news of death by the claimant.However, the Commissioner is empowered to condone the delay if sufficient cause is shown to his satisfaction and entertain the claim.
Hence,claim can be preferred by the dependent of the victim of the Bahrain employment accident even now.
Regarding Mr.Harihar Prasads case, I fully endorse the views of Mr.Korgaonkar.If the victim was an employee recruited by an Indian company and the accident happened while working abroad, the claim shall be made as set out earlier