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Motor accident claims

(Querist) 12 November 2013 This query is : Resolved 
My Client is Govt. Servant. He was Injured in an accident. He had taken medical leaves of three month for his treatment.
My questions are -

Medical leaves taken by my client can be compansated inform of money?

What was the law regarding medical leaves can a Govt. servant avail?

how much leaves he can take?

what happen when all his medical leaves (presumed he has no C.L. and E.L.) has been finished and he has to take more leaves?
Dr J C Vashista (Expert) 13 November 2013
1. If your client has not claimed any monetary benefit from his employer he can be compensated.
2. The number of days accumulated in his account on medical leave, thereafter without pay.
N.K.Assumi (Expert) 13 November 2013
I concurred with the above statements of law. In the mean time he can also claim compensation from the MACT, if the offending vehicle is insured and that your client is not negligent.
prabhakar singh (Expert) 13 November 2013
Had he filed any compensation case before the MACT?

In my view he can claim compensation for loss of earnings but would have to reimburse
his employer for number of days his employer
paid him salary.
malipeddi jaggarao (Expert) 13 November 2013
Agreed with all above experts.
Rajendra K Goyal (Expert) 13 November 2013
Any leave taken beyond the balance of leave available with the employee would be treated as leave without pay till department rules are to the contrary.

Claim can be from MACT.


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