Workmen compensation act, 1923/employee's compensation act, 1923
Kunal Sarkar
(Querist) 02 August 2012
This query is : Resolved
A new passenger carrying vehicle was mated with an accident before Registration or Obtaining Permit to ply the vehicle and on the said accident the driver, handymand along with a person of the said vehicle was died. The owner of the said vehicle lodged FIR mentioning the names of the three deceased.
Two separate claim petition under WC Act was filed by the legal heirs of Driver and Handyman.
my question is that,
1. whether the Driver and Hnadyman was entitled any compensation from the Insurance Co. ?
2. Whether a vehicle can ply on road without any Registration/Permit or carrying passenger thereof ?
3. Whether the Insurance Co. is liable to pay any compensation to the deceased driver and handyman ?
4. whether the driver and handyman was fall within the preview of Section 3 of the WC Act ?
5. Whether the notice under Section 10 of the WC Act was mandatory to entertain any calim before WC Commissioner ?
6. What defence available to the Insurance Co.?
adv. rajeev ( rajoo )
(Expert) 03 August 2012
Immediately after purchase of the vehicle, It would be regd., temporarily with RTO and converage of ins., would start.
If the owner of the vehicle is another person then driver and another handyman are entittle for the claim.
JANAK RAJ VATSA
(Expert) 03 August 2012
the vehicle will only move out of the showroom after the buyer has paid all dues and the vehicle temporarily registered with the RTO and insurance also commenced. therefore the driver and handyman will get the compensation. hope the driver had a valid driving licence
Raj Kumar Makkad
(Expert) 03 August 2012
1. Yes but via owner of the vehicle.
2. No but if the same is plied with temporary registration and insurance then it is covered under insurance.
3. Yes, if all conditions are meted out by owner/driver in this case like valid driving license, route permit etc.
4. Yes.
5. Yes.
6. Route permit was not there, no valid DL, registration was not obtained within time etc.
Kunal Sarkar
(Querist) 04 August 2012
Thanx all of you.
1. Please suggest some case laws regarding Notice under Section 10 of WC Act, is mandatory to entertain a claim petition under WC Act.
2. With in how many days a new purchase vehicle should be registered as per Central Motor Vehicle Rules ?
3. The period of validity of a temporary Registration ?
