You are entitle to compensation as per his actual earning.
Workmen and Employee is one and same thing. Earlier it was WC act now term has changed to EC act.
Namaste sir, I Menaka w/o Late J manjunath, my husband death on duty( driver) by another driver in the bus in the year 9.7.2014. I have filied case under ECA. now Insurance company advocate told that i am liable to take amount under worksmen compensation. i.e, 6000 * age multiplier. here by wanted to know weather I can claim the actual salary he was drawing 35000 to 45000 per month.
You are entitle to compensation as per his actual earning.
Workmen and Employee is one and same thing. Earlier it was WC act now term has changed to EC act.
Dear madam
You may kindly contact a local lawyer who is regularly practicing cases related to labor and Worksmen compensation Act and get to know the current enactments .
Yes actual salary will be taken in consideration of the quotient to draw out the compensation, so go accordingly, don't come under any fictitious advises.
There is a compensation table based on which the court will order the compensation in case the Insurance company is ready to compensate you adequately its advisable to settle the matter.
60% of the Monthly Wage x Relevant factor as per the age of the worker is calculation in case of death
You can claim his actual salary in the workmen compensation court however they may not hav to power to sanction the same to that extent, hence you may fight for the insurance claim itself.
What is your own advocate's opinion on this based on the practical scenario?