• Industrial Accident - monetary compensation

My father passed away in an industrial accident 8 months back in May'2014. The accident was caused due to sheer negligence on the part of the company - failing to take basic and adequate safety measures. My father still had 5 years of service at the time of the accident., He would have drawn a total emoluments close to Rs 90 lakhs had he been there till his retirement based on his last drawn salary at the time of accident. But the company has not provided us with any  compensation other than PF, Gratuity and Group Insurance which is any how due to him. Though no pecuniary compensation can parallel the loss we have encountered - my father being the soul bread winner of the family - the compensation will provide moral and social security to my mother who is hardly 51 years of age.

In this situation , would like your advice on these :
1. Is it possible to file a case against the company for providing us with compensation?
2. If we file a case what is the possibility to winning it?
3. From my understanding it is required to pay substantial amount of court fee. Is there any way to avoid it by means of writ petition?
Asked 2 years ago in Civil Law from Chennai, Tamil Nadu
1) what was your father designation? 

2) There must be direct connection between accident and death for claiming compensation.

3) An employee can claim compensation under the Workmen's Compensation Act 

4) The Workmen compensation Act. 1923 & subsequent amendments impose statutory obligation upon Employers to compensate their own Employees payable in the event of death or permanent total disablement. 

5) make application before commissioner under workmen compensation act wherein your mother is residing  or where regd office of company is located 

6) A claim application shall be filed within two years from the date of accident.  

7) the amount of compensation shall be as follows, namely:-
 
Where death results from the injury
an amount equal to [fifty percent] of the monthly wages of the deceased workman multiplied by the relevant factor;
 
                                    or
 
                        an amount of [eighty thousand rupees], whichever is more;
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
Your mother would be entitled to compensation if you are able to show direct connection between the negligence leading to accident which took place with the death. It is advisable that you and your mother being the legal heir, must file an application seeking compensation against the employer before the Commissioner under the Workmen's Compensation Act, 1923. Since the limitation is running, you must file the application at the earliest. Before the Commissioner, the Court fee is not too large. you have to check with your area commissioner under whose jurisdiction the said company is located.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1. Is it possible to file a case against the company for providing us with compensation?
Opininon: Yes, you may file a claim petition under Employee Compensation act-1923

2. If we file a case what is the possibility to winning it?
Opinion: Its depend on the facts and circumstances, it may be or may be not.

3. From my understanding it is required to pay substantial amount of court fee. Is there any way to avoid it by means of writ petition?
Opinion: Writ petition can not be filed.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1. If your father, as per his job/position/designation, comes under the category of an workman, then you and your mother can claim compensation as per Workmen's Compensation Act, 1923,

2. File a petition before the Commissioner under  Workmen's Compensation Act, 1923 claiming compensation for the death of your father,

3. You shall have to establish that his death is directly attributed to the negligence of the Company and the said petition shall have to be filed within 2 years from the date of the accident,

4. Consult with the labour union of the organisation of your late father for help.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
File a petition before the Commissioner under Workmen’s Compensation Act, 1923 claiming compensation for the death of your father,

If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of Workmen’s Compensation Act, 1923. If the deceased employee met with his death while he was going to his place of work and the death has arisen during the course of employment, then the employer is liable for compensation. Where death was accelerated on account of stress and strain of the working condition, it is not necessary that there should be a direct connection between the cause of death and the nature of duties. Even if a casual connection between the two can be shown then the dependants of the deceased would be entitled to claim compensation from the employer

1. Is it possible to file a case against the company for providing us with compensation?
Yes, you can file case against the company for getting compensation
2. If we file a case what is the possibility to winning it?
Workmen’s Compensation Act, 1923 provide protection to employee 
3. From my understanding it is required to pay substantial amount of court fee. Is there any way to avoid it by means of writ petition?
No need to file writ petition. Court fee is not too large, you pay it
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1. If the accident is out of employment, the employer is liable to compensate the heirs of the deceased employee under ECA. The law creates liability of an employer in case of an accident resulting in injuries to the employee, during the course and out of employment.

2. The legal heirs of your deceased father i.e you and your mother are entitled to compensation subject to the requirement of law as culled out in the preceding para.

3. A legal proceeding is not a game of chance. The possibility of winning or losing cannot be foretold. 

4. You cannot file a writ petition. The case for compensation has to be filed before the Commissioner.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
File a case under Employees Compensation Act. There is no bar now whether the employee was a workman or not. There is nominal court fee to be paid on the petition which can also be deferred on application. The compensation is payable on the basis of earnings of the employee, his age and the disability/death . All legal heirs are entitled to compensation. It is simple process. The petition is to be filed before Commissioner, workmen compensation, who generally is located in the Labour Commissioner office and is a senior officer of the department.
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
1) workmen compensation act is now known as Employee compensation act 

2) all employees are covered under the act 

3) section 4(1)  deals with amount of compensation payable (a)	where death results from the injury	an amount equal to fifty per cent of the monthly wages of the deceased employee multiplied by the relevant factor;
or 
an amount of one lakh and twenty thousand rupees,
whichever is more;

3) apply to commissioner for payment of compensation 
25A. The Commissioner shall dispose of the matter relating to compensation under this Act within a period of three months from the date of reference and intimate the decision in respect there¬of within the said period to the employee.

4) under section 30 appeal lies to HC against order of compensation . 

5) lawyers do not accept cases depending upon the results of litigation
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
1. Apply before the commissioner claiming compensation for the death of your father which had caused due to negligence of the Company,

2. You shall have to clearly establish that your father's death is directly attributed to the negligence of the Company and the said application shall have to be filed within 2 years from the date of the accident,

4. Consult with the employees  union of the organisation of your late father for help,

5. Engage a local lawyer having expertise in this field..
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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