Liability under workman compensation act
sunil
(Querist) 03 June 2012
This query is : Resolved
Dear Sir,
Please guide us,
In factory site, workman’s met with the accident while going out after finishing his shift by the vehicle provided by the company.
Factory is not covered by the ESIC, because ESIC is not applicable in that area.
the Company has taken group insurance policy and open insurance policy for entire factory premises.
my queries are as follows;
1. whether company is liable to pay under workman compensation act,
2. if yes, then amount paid under workman compensation act can be set off against insurance claim payable under group insurance policy.
3. for workman compensation, whether the Company should take separate policy also to cover the liability under workman compensation,
4.whether open general insurance policy taken by the company will cover workman compensation liability
6. can dependent of family member /company make claim under motor vehicle act also in addition to workman compensation to claim from third party..
Kindly guide us in this matter.
Regard,.
Sunil
adv. rajeev ( rajoo )
(Expert) 03 June 2012
It is purely workmen compensation case. Co., is liable to pay the compensation, because accident is happened during the court of employment. If employees are covered under the insurance then insurance co., is liable to pay the compensation.
R.K Nanda
(Expert) 05 June 2012
No more to add.
sunil
(Querist) 07 June 2012
Dear sir,
Thnaks for your prompt reply.
Still point no. 6 is unanswered, neeed your inputs on the same.
Regards,
Sunil Agarwal
