What action we have to do next legally?
G.V.Sathishkumar
(Querist) 31 May 2011
This query is : Resolved
Dear sir,
I'm G.V.Sathishkumar(919843224929), from Thiruvarur District,
Tamilnadu. My brother-in-law (38Yrs old) is a bus conductor in Tamilnadu state transport Corporation(TNSTC). His service is 3 years.
Six months before when he was traveling in a bus as a duty conductor, their bus driver carelessly drive the bus and tried to overtake and hit right back side of a private lorry. In that accident left front side of the Bus damaged,one female passenger killed, my brother in law(Bus conductor)'s left hand was cutted, left thigh bone fractured, left eye also got injured.
After that police Case filed against that bus driver by the lorry driver(Bus driver was suspended for three months by TNSTC). My brother in law took treatment at Chennai in a Private Hospital. For his treatment we spent more than Rs 3,00,000(Rupees three lakhs). In this Government group (Star) health insurance company’s contribution is Rs 1,10,000(Rupees ten thousand deducted for tax)(Sum assured is Rs.Two lakhs). Artificial hand has to be fixed
The TNSTC did not gave any compensation except the Star group insurance claim. They have grant three months sick leave with salary for three months only. After that one month leave on loss of pay. From April-2011 he is going to duty by requesting the TNSTC GM in every month. His job has not been regularized.
He have to take care of his mother,wife and two small children. Now he is having unsecured feeling about Job and life and suffering also from Diabetes due to depression and worries.
Please guide us what actions we have to take legally? Can we file a case against TNSTC? If so, what about his job? Can we file a case against Lorry?
Thanking you,
Yours truly,
G.V.Sathishkumar
Mobil No:919843224929
V.Harikrishnan
(Expert) 31 May 2011
Dear Mr.Sathishkumar
As the accident which had resulted in injuries to your brother in law had occurred while he was on duty, he could claim compensation from his employer that is the transport corporation under the Employees Compensation Act, which was earlier called as the Workmens Compensation Act. However, if the ESI Act is applicable to your brother in law he cannot claim compensation under the Employees Compensation Act, he can get the benefit only from the ESI Authorities. I think he can file a claim under the Motor Vehicles Act against the lorry owner. But if he file a claim under the Employees Compensation Act he cannnot file a claim under the Motor Vehicles Act. If a claim against the transport corporation is filed under the Employees Compensation Act there is a possibility that he may dismissed/discharged/ by his employer. Please consult a lawyer in your area who is thorough with labour laws
abhishek
(Expert) 31 May 2011
best way is to consult any lawyer in your area who is practising in service matters, he will explain you about your services matter better
M.Sheik Mohammed Ali
(Expert) 31 May 2011
if you want compensation from GOVT you must contact my senior advocate, A. Ramesh Manikandan, Parries Corner, Chennai. Cell No. 09841786197
Isaac Gabriel
(Expert) 31 May 2011
The corporation is bound to give alternative employment depending upon the physical cinditions.
Shashikant V. Patil
(Expert) 31 May 2011
Mr Satishkumar,
In your state , you may have registered union for state conductors and drivers. Through this platform you may approach to Dept. to first regularise your job or if you are unfit for current job atleast they should absorb you any substitute job i.e official job. Also legally you sent one notice through Lawyer to your dept for asking compensation. It's clearcut case of negligence of bus driver. And file a case against the state transport dept. If it is corporation, you have to file Motor Accident claim in the respective court.
G.V.Sathishkumar
(Querist) 02 June 2011
Respected sirs,
I'm G.V.Sathishkumar, I need some clarification in my brother in law case. If we file a case against TNSTC, what are all the documents we have to produce? What is the maximum time duration I can take to file this case? In what section? Employee’s compensation act or else (MACT)? How long the case will take to get the judgment? How will be the Judgment? How much the compensation will be? If we file a case against TNSTC, is there any possibility to dismiss/discharge him? Is there any requirement to approach politically? If filed a case under Employee’s compensation act means he can file a case against Lorry under motor vehicle act or not (This accident due to Bus driver’s mistake only not Lorry driver’s)?
The Private Hospital (In which he took treatment) refused to give a bill (I know the Invoice number) and telling the reason, patient admitted as company employee under Star health insurance.
That bill details are,
Actual bill amount +Rs.225500
Insurance claim110000-10000 tax?)
-Rs. 100000
Concession -Rs. 5500
----------------------
Balance amount we paid frm hand +Rs120000
----------------------
To get that bill where I have to approach? And what to do?
Please guide us in this regard sir. Thank you,
Yours truly,
G.V.Sathishkumar
