WC Act or MV Act applicable
DK SHANKAR
(Querist) 09 January 2010
This query is : Resolved
Dear experts,
Happy and very prosperous new year greeting to all of you. Give your valuable opinions to me in this legal matter. A is working a bus conductor in a Government transport company. When he was on duty the bus tyre was busted and the driver was changing the tyre. At that time the conductor helped him by taking tools and another passenger also helping them. At that time a lorry droved by it's driver rashly and negligently and dashed against the conductor and passenger and gone without stopping. The lorry could not be traced even after 2 months. The conductor sustained fatal injuries and died. the passenger sustained grievous injury. The conductor was earning a sum of Rs.14000 on the date of accident. if i file a case under work man compensation Act then the maximum amount of an workmen is only 4000 and 50 % of the same is Rs.2000/- multiplying the factor the compensation can be awarded around 4,00,000/- if i file an application under Section 140 & 166 of M.V. Act (no fault liability) then the amount of compensation will be more but since the lorry could not be found out how can i file a case and claim compensation against the bus company. If the court consider the case of hit and run case then also compensation will be less. Advise me how can file a case under M.V.Act and claim more claim against the bus management & under which section?
My sincere thanks to you all in advance.
Raj Kumar Makkad
(Expert) 09 January 2010
File petition under WC Act rather MV Act.
J K Agrawal
(Expert) 09 January 2010
File petition under m V act and go thourgh attached rullings. You are to take care that your case may not fall under s 161 M V Act. (PLEASE take care of s 53 of ESI act.)
Sachin Bhatia
(Expert) 09 January 2010
Better to file petition under WC Act
DK SHANKAR
(Querist) 14 January 2010
My heartiest thanks to the experts who send reply to my quary
