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.
Workmen compensation 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.
Asked 4 years ago in Labour
8 Answers
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
The Workmen Compensation Act mandates to pay a compensation amount equal to 50% of monthly wages.
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?
Yes you can claim the same
1. you are entitled to get compensation under workmen compensation act but at same time it's your choice of claiming the compensation under MACT petition.
2. You can claim compensation from one case only and it's your choice from where you are claiming the compensation.
