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Rama Krishna (Student)     24 January 2015

Father passed away on duty - can we sue the company

My dad passed away while travelling on a train. He was travelling to a different city on his office work.

he had a heart attack while on the journey and passed away before reaching the next station where medical help was waiting. The next station was quite far.

my dad would have lived if he received medical help quickly.

I would like to know if we have a provision in our law where we can sue the company for a compensation.

how far is the railway responsible on this incident.because the TC could  have stopped the train to get the medical help faster.

also how much should the amount be and how long does these kind of cases take before judgement.

 

please help.... I am in a great financial mess...

 

Thank You



Learning

 3 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     24 January 2015

U have to substanciate by evidence that death is occurred while on official duty. Fly may not HV such provision for compension. Ur dads co. hs to compensate as per its rules

Jai Karan Nagwan (consultant)     24 January 2015

You don't worry, if your dad company is good, they will take everything. Please first approach to company.

rajkiran (lawyer)     02 March 2015

SURELY YOU HAVE A RIGHT.IF THE COMPANY REFUSE TO GIVE YOU COMPENSATION YOU CAN FILE SUIT UNDER EMPLOYEE'S COMPENSATION ACT.ARRANGE A GOOD LAWYER.COMPENSATION WILL BE ACCORDING TO INJURIES AS IT WAS FATAL YOU WILL GET HIGHEST AMOUNT OF COMPENSATION BUT YOUR LAWYER HAS TO ATTACH A PROPER AUTHORITIES IN YOUR CASE AS HEART ATTACK IS QUITE WEAK GROUND FOR ON DUTY INJURY COMPENSATION.BUT SURELY YOU WILL GET THERE ARE AUTHORITIES OF HIGHER COURT'S.


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