Accident in the company cab

You can claim from the employer /company under workmen compensation Act and also from the owner or insurer of maxi cab under MV Act

I am a software engineer which is not a blue-collar job. I think WC Act is not applicable to me. Please confirm. If there is any good lawyer from Hyderabad is in the forum, please let me know. I need a lawyer to represent my case.

The Company ought to have taken a Group Insurance Policy for its executives/managers. Also since the accident occurred during the course of employment, the company is liable to pay you adequate compensation. You have not discussed the aftermath of the accident and course of assistance provided by the Company, FIR and any claim preferred under the m.v. act. Brief facts would help the forum members to advise you of the proper course of relief.

vasudevan

Thanks 4 ur reply.

Group insurance policy: Yes, my company has a group policy but the limit is only Rs 5 lacs which doesn't indemnify me by not even 5%.

Aftermaths pf the accident: After 11 months of the accident, I joined the company back even facing difficulties as I was concerned about my career. Between those 11 months, company paid all medical expenses incurred & continued my full salary.

After I joined, I could work slower than other team members, but certainly recognised by management & I got one appreciation. Though they didn't promote me to next level due to recission & finally in OCT2009, I got promoted.

But then the management was changed. After 6 months only in MAR2010 ending appraisal, I was rated as an underperformer. I was given comments that I'm not fit for this role & even if I am trying, I am not able to do things & I have to be more responsive. All these points implies to difficulties I am facing after accident due to speech disorder & memory disorder.

I believe first time when I was recognised, then management was very much aware of what I have been thru & they recognised but as the management is changed & they were not aware, they gave their judgement without prejudice.

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Facts of the accident day: To tell about the accident, there were 2 other persons boarding the cab. Those 2 persons were from different company & they shud not be present in the cab. The driver told the company that they were my friends & I asked the driver to allow them to cab. While I don't have any recollection of that day altogether due to head injury, they are not my friends & I don't know them. I suppose the driver would have allowed them to earn some money. He had asked me or not, I am not sure.

I was badly injured & at first, 3 doctors said "No chance". However, one doctor took a chance as I was only 25 that time & kept nder observation. I was in Koma for sometime too.

FIR details: FIR says that the lorry was at fault & under section IPC 337, the case was registered.

Please help me in understanding how strong is my case & will court award compensation more or less equal to my damages.  Also, under which law I have to file a case & against which party.

Forgot to mention,

1. The lorry driver who hit our cab was presented before court & his license was cancelled.

2. The cab agency which provides cabs to our company fired the driver the next day.