Accident Claims

venkat reddy (Querist) 16 February 2009 This query is : Resolved
a person had met with accident he had claimed treatment charges from the ESI(employment state insurence)he had the coverage of this because he is paying contributionfor this.He had partially disabled by this accident could he claim compensation or file an OP againt from whom he received injury.

could any body would help out.

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ARVIND JAIN (Expert) 17 February 2009
YES HE CAN FILE FOR COMPENSATION.

sanjeev murthy desai (Expert) 17 February 2009
yes i agree with Mr. Aravind Jain

M. PIRAVI PERUMAL (Expert) 17 February 2009
Yes you can approach Motor Accident Claims Tribunal.

RAKHI BUDHIRAJA ADVOCATE (Expert) 17 February 2009
I do agree with the opinion of all my Ld. friends. All are absolutely right.

Guest (Expert) 17 February 2009
You see, if the accident and disability out of it is due to employment injury, then he is entitled compensation (disablement allowance) from the ESI. Employment injury is an injury caused while performing duty, which includes incurred while coming to factory from home and vice-versa (there are contradictory opinions as far as the last part is concerned).
In other cases, if it is motor accident, there is Motor Accidents Claims Tribunal. Similarly if it does not come to above two categories, then also there are remedies. Feel free to ask further advice.

prabhakar
karlprabhakar@gmail.com.

Abhishek (Expert) 17 February 2009
hmm....he can go for compensation..

J K Agrawal (Expert) 17 February 2009
Which type of accident? Suppose Motor Vehicle accident - If the accident was during performing your employment duties only ESI court has jurisdiction as per section 53 of ESI act if injury is otherwise MACT / WC has jurisdiction.