workmen compensation

Querist : Anonymous (Querist) 22 November 2009 This query is : Resolved
we had taken workmen compensation from a insurance co. showing salary of Rs. 4000/- per month to each worker. But the actual salary now exceeds from this amount. Please advice me that in the cicumstances we may claim wc from insurance company because due to above mentioned differences they may refuse for claim

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Raj Kumar Makkad (Expert) 22 November 2009
Definitely they shall refuse. Why you didn't diclose your true salary during the entire period of litigation? You say this was matter of various workers then why even a single person didn't point out this fact?

It seems that you have prepared some false record after getting the compensation which cannot be relied upon by any court/authority and such litigation is not maintainable at all and you can be prosecuted for producing fabricated record.

H. S. Thukral (Expert) 28 November 2009
For the purpose of amount of compensation under the Act the maximum salary is considered as Rs. 4000/-. Therefore you have claimed correect compensation.

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