Death of worker emloyed by contracto

sajjan gupta (Querist) 17 August 2013 This query is : Resolved
dear sir,
i like to know if a labour of a contractor (contract given to contractor for civil work in co.)dies due to acsidentwho is responsible of compensation.and upto which amount. labour died in 2004 at age 24 and claim made in 2012 in labour court.

regards

sk

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ajay sethi (Expert) 17 August 2013
what is the reason for delay of 8 years in making claim ? has it been satisfactorily explained ? the principal liability is of the contractor who employed the labourer

Murali Krishna (Expert) 17 August 2013
1. Contractor is liable.

2. If the labourer is employed by the contractor for the work of a principal employer, principal employer is liable to pay compensation but can recover same from the contractor.

3. File an application before workmen (employee)compensation commissioner with delay condonation petition showing reasons for the delay.

prabhakar singh (Expert) 17 August 2013
Agree. Both opinions are correct though that of Mr.
Murali Krishna is a bit elaborate leaves no doubt or confusion.

Rajendra K Goyal (Expert) 17 August 2013
Well advised, nothing more to add.

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