EMPLOYEE ACCIDENT & W.C ACT

The employee was neither on duty nor in the factory premises at the time of acccident, hence W C Act need not be applied. But on humanitarian grounds, the management has to compensate the employee accordingly.

-Saravana Rajan

Dear Mr. Saravanan Rajan

as per the Factory act and I D Act says and came to know that if any employee

meet with accident while comingthe factory or return to home. the employer is

Sole responsibility to take care  the accident entire expenditure. 

he can apple the before the D C L and get the claim.

if it is wrong kindly clarify my doubt.

thanks

In the facts of the case stated by you, a claim under the WC Act is not maintainable. The accident did not occur out of or in the course of employment as per section 3 of the Act. If the workman was trevelling by a transport provided by his employer then notional extension of the expression out of and in the course of employment  would have been applicable. In this case the workman was at that place like any member of public. 

suggested reading 

General Manager, B. E. S. T. Undertaking, Bombay v Mrs. Agnes

The compensation under W.C. Act is not maintainable. But U can get the Claim from Insurance Company and there is one scheme of "Rajiv Ghandhi" in which the executors of deceased person cn get the benifit of near abt. 1 Lac Rs.

thanx

Gaurav Jain

gauravjain1824@gmail.com 

Dear Mr. Ramesh,

Hope the valuable inputs by Mr. Harbhajan and Mr. Gaurav answer your query.

-Saravana Rajan