Workmen compensation
rajendra
(Querist) 05 March 2012
This query is : Resolved
Same advocate appointed by both the parties i.e. employer and employee to plead for them in a tribunal on matter of compensation to be awarded to the disabled employee. The advocates accepts and pleads the case. The tribunal awards some compensation to the employee. Is the insurance company bound to pay? Can action be initiated against the advocate for breaching the code of conduct?
Ajay Bansal
(Expert) 05 March 2012
File a complaint against Advocate u/s 35 of Advocate Act in Bar Council.
V R SHROFF
(Expert) 05 March 2012
in tribunal, advocate is not essential requirement.
if both of you with consent appointed a single Advocate, and permitted , and proceeded with your consent, why want to initiate action against Adv. u shd have objected there and then only, if u don't agree.
Ajay, where is the misconduct of Advocate , and what Disciplinary action can be taken, if both parties with their consent appointed a single Advocate, where Adv is not necessary.
Deepak Nair
(Expert) 05 March 2012
Insurance company is liable to pay only if the policy was valid at the relevant time and the accident is covered under the terms and conditions of the policy. Otherwise, the Employer is liable to pay.
Action can be taken against the Advocate for professional misconduct.
Kirti Kar Tripathi
(Expert) 05 March 2012
In workman Compensation Act, dispute regarding determination and paybility of compensation of employer on account of death or disability of an employee due to an accident arisen during the course of employment while performing to duties is adjudicated as per norm prescribed in the Act. This is based on several factors i.e. his aged. salary at the time of accident and percentage of disability. This amount is not based on any discrimination of the court.If there is no dispute with regard of all these facts and no collusion between parties, both employers and employee may approach jointly to Compensation Commissioner for computation and determination. So far as insurance company role is concerned. Insurance company has nothing to do with all these facts. It role is confined only upto the contract between company and employer.
