A X WORKER WORKING IN Y COMPANY BECOMES DEATH ON ROAD ACCIDENT DUE TO HIS MOTOR BIKE COLLIDE WITH A TRUCK WHILE HE WAS COMING FROM MARKET (TO PURCHASE VEGETABLES) TO HIS RESIDENCE AT 2230 HRS.
REPORT TO POLICE STATION, FIR DONE, POSTMORTEM DONE, ARRANGE TO SEND HIS BODY TO HIS NATIVE ALONG WITH FUNERAL EXPENSES Rs. 25000/- AND HANDOVER HIS DEAD BODY TO HIS DEPENDENT.
FURTHER ALSO ARRANGE TO PAID TO HIS DEPENDENT HIS DUES WITH Y COMPANY.
THEN AFTER FEW MONTH X SEND A LEGAL NOTICE REGARDING TO PAY HIS COMPENSATION BUT WE "Y" REPLIED HIM YOUR DEATH IS NOT COVERED UNDER WC ACT BECAUSE YOUR ACCIDENT HAPPENED AT ROAD DURING PERSONNEL WORK. FOR YOUR INFORMATION WE "Y" COVERED UNDER WC POLICY.
DEPENDENT OF "X" CLAIM AT HIS LOCAL JAN ADDALAT COURT, DURING TWO AND HALF YEAR SO MANY HEARING HAPPENED AT JAN LOK ADDALATE AND HE AWARD TO PAY Rs. 160000/- TO THE DEPENDENT OF DECEASED BUT THE "Y" COMPANY NOT OBEY THE SAME.
DEPENDENT OF "X" CLAIM AT THE COURT OF WC COMMISSIONER AND THE COMMISSIONER AWARDED TO PAY Rs. 10,75,000/- COMPENSATION AS PER THE RULE ALONG WITH THE ENTREST OF THE GAPE PERIOD IN CASE OF DIS OBEY 50% PLENTY WILL BE CHARGE.
"Y" APPLE TO HIGH COURT TO STAY THE ORDER OF COMMISSIONER.
SIR, PLEASE CLEAR ME THE FOLLOWING SOME POINT ON BEHALF OF "Y":
1. IS IT OUR LIABILITY INCURRED TO PAY UNDER WC POLICY IN THE ABOVE CIRCUMSTANCE?
2. IF THE HIGH COURT WILL REMAIN CONTINUE THE ORDER TO PAY THEN CAN WE GET REIMBURSEMENT THE COMPENSATION WITH THE INSURED COMPANY?
3.IS THE HIGH COURT WILL ORDER TO STAY AGAINST THE ORDER OF COMMISSIONER?
4. CAN THE COURT MAKE THE PARTY TO INSURANCE COMPANY ALSO?
5. CAN WE ASK WITH COURT THE CIRCUMSTANCE OF THE CASE COMES UNDER MV ACT AND THE DEPENDENT OF "X" MAY CLAIM THROUGH MV ACT?
6. WHAT WILL BE THE RESPONSIBILITY OF "Y" TO ARRANGE TO PAY THE COMPENSATION TO DEPENDENT OF "X" UNDER THE MV ACT?
WE HAVE THE ORDER OF WC COMMISSIONER IF REQUIRED WILL ATTACHED IN MAIL TO GET THE GUIDANCE OF EXPERT.
PLEASE GUIDE.
MAHESH PRASAD GUPTA (MANAGER HR) "Y" COMPANY
REPORT TO POLICE STATION, FIR DONE, POSTMORTEM DONE, ARRANGE TO SEND HIS BODY TO HIS NATIVE ALONG WITH FUNERAL EXPENSES Rs. 25000/- AND HANDOVER HIS DEAD BODY TO HIS DEPENDENT.
FURTHER ALSO ARRANGE TO PAID TO HIS DEPENDENT HIS DUES WITH Y COMPANY.
THEN AFTER FEW MONTH X SEND A LEGAL NOTICE REGARDING TO PAY HIS COMPENSATION BUT WE "Y" REPLIED HIM YOUR DEATH IS NOT COVERED UNDER WC ACT BECAUSE YOUR ACCIDENT HAPPENED AT ROAD DURING PERSONNEL WORK. FOR YOUR INFORMATION WE "Y" COVERED UNDER WC POLICY.
DEPENDENT OF "X" CLAIM AT HIS LOCAL JAN ADDALAT COURT, DURING TWO AND HALF YEAR SO MANY HEARING HAPPENED AT JAN LOK ADDALATE AND HE AWARD TO PAY Rs. 160000/- TO THE DEPENDENT OF DECEASED BUT THE "Y" COMPANY NOT OBEY THE SAME.
DEPENDENT OF "X" CLAIM AT THE COURT OF WC COMMISSIONER AND THE COMMISSIONER AWARDED TO PAY Rs. 10,75,000/- COMPENSATION AS PER THE RULE ALONG WITH THE ENTREST OF THE GAPE PERIOD IN CASE OF DIS OBEY 50% PLENTY WILL BE CHARGE.
"Y" APPLE TO HIGH COURT TO STAY THE ORDER OF COMMISSIONER.
SIR, PLEASE CLEAR ME THE FOLLOWING SOME POINT ON BEHALF OF "Y":
1. IS IT OUR LIABILITY INCURRED TO PAY UNDER WC POLICY IN THE ABOVE CIRCUMSTANCE?
2. IF THE HIGH COURT WILL REMAIN CONTINUE THE ORDER TO PAY THEN CAN WE GET REIMBURSEMENT THE COMPENSATION WITH THE INSURED COMPANY?
3.IS THE HIGH COURT WILL ORDER TO STAY AGAINST THE ORDER OF COMMISSIONER?
4. CAN THE COURT MAKE THE PARTY TO INSURANCE COMPANY ALSO?
5. CAN WE ASK WITH COURT THE CIRCUMSTANCE OF THE CASE COMES UNDER MV ACT AND THE DEPENDENT OF "X" MAY CLAIM THROUGH MV ACT?
6. WHAT WILL BE THE RESPONSIBILITY OF "Y" TO ARRANGE TO PAY THE COMPENSATION TO DEPENDENT OF "X" UNDER THE MV ACT?
WE HAVE THE ORDER OF WC COMMISSIONER IF REQUIRED WILL ATTACHED IN MAIL TO GET THE GUIDANCE OF EXPERT.
PLEASE GUIDE.
MAHESH PRASAD GUPTA (MANAGER HR) "Y" COMPANY