Death of casual labour
skn
(Querist) 28 September 2012
This query is : Resolved
Dear Sirs,
A unskilled person from Belgaum dist. went to work temproraly in Goa for tree cutting.
However while doing the work unfortunately the branch of tree fallen on him and he dies on the spot.
Later the concerned owner of the trees has threatened the fellowmen to keep quite by using the power.
Police has made the Panchanama and after the post mortem the body handed over to the father of the deceased.
There is no monetory benefits given to the father of the wife of deceased.
What is legal path available to the deceased person? kindly help, as the family of deceased is illiterate and poor.
Regards,
SKN
Rajeev Kumar
(Expert) 28 September 2012
File a suit for worksmen compensation.
R.K Nanda
(Expert) 28 September 2012
no more to add.
skn
(Querist) 01 October 2012
Sirs,
Is the temprory worker who has hired for few days work comes under the "workmans Compensation Act". In the above case the employer is also not an registered entity.
Kindly clear the doubt.
Regards,
SKN
V R SHROFF
(Expert) 01 October 2012
Employer is liable.
Guest
(Expert) 01 October 2012
Liability of the employer cannot be denied.
First of all issue notice to the employer to claim compensation to see the effect of the notice.
Secondly, if you feel that the police has tried to hush up the case without taking any action against the employer as per law, approach the higher police authorities to make a case against the employer and file in the court. That way, due to state case, the family of the deceased would be able to save the fee of advocate that would be required to be hired if the compensation case is filed by the family members.
The third and last choice, in case the police do not cooperate due to his influence, should be to file a case for compensation directly in the court.
skn
(Querist) 01 October 2012
Sir thanks.
Guest
(Expert) 01 October 2012
You are welcome.
