Legible claim of an employee working in a private ltd. company under Company Law
Querist :
Anonymous
(Querist) 18 December 2010
This query is : Open
An employee named 'A' was working as Assistant Officer in a reputed Private Limited Company which will be named as 'B'in this query onwards, at their work site .A was working in 'B' since July2008 till 25/11/2009.
'A 'was travelling in vehicle( Bolaro Jeep) ,now onward this will be referred as 'C' which was private one & hired by the 'B' for their official work,towards Allahabad, met with an accident as the right front portion of said vehicle 'C' badly collided with a rear right portion of the halted truck at National Highway on the night of 25th & 26th November 2009.At that time beside 'A',two more persons were in 'C'including driver of the vehicle on driver seat & other person in rear seat.'A' was unfortunately sitting on the front right seat of the vehicle.Due to collision of the right front portion of 'C','A' was badly injured with severe had injury while remaining two including driver were too injured.'A ' had become unconscious at the accident spot and laterly gone to coma .These injured persons were brought to the Hospital by the local police for treatment .For better treatment 'A'was shifted to private hospital where he was treated till 2nd December 2009 & collapsed on 2nd December 2009 at about 03.00 PM.His dead body was brought to her native place after completing all legal formalities.All the medical & hospital expenses of 'A'for the period from 26/11/2009 to till his death on 2/12/2009 and transport expenses for transportation of 'A's dead body to his native place was incurred by the employer company 'B'.'B's representative visited the
said private Hospital daily to ascertain the condition of the victim & paid the medical & hospital expenses to the caretaker/parent of 'A' daily during the said period.They had also arranged transportation of his dead body to his ('A') native place after hearing from caretaker of 'A'about his death .
After completion of all ritual formalities and lapses of certain period ,the parents of the late 'A' visited the nearest authority of the 'B' for payment of legate-mate claims due to loss of their 30 year old son on account of his death in their ('B') duty.
The company ('B')'s authorities informed the parents verbally that 'A' had left the job on 25/11/2009 as such no claim is payable by the company.
Further written request were made frequently through email & through registered post to company ('B')'s M D & other authorities of 'B'but no response is yet received.
An legal action for lodging 3rd party claim has already been initiated but nothing is
achieved till yet.
My query is about the fact that('B') is not taking any notice of the requests made for payment of legitimate claim of ('A')'s death and verbally denied on the ground that ('A') left the job on 25/11/2010 in-spite of the following fact
(1)that the 'A' was travelling on company's
vehicle & met with fatal accident due to collision of company's vehicle,
(2)that all medical & hospital expenses were met by the company after accident till his death,
(3)that 'A' became unconscious immediate after accident & later in coma till his death so he was not in a position to communicate any thing to his parent or other nearer & dearer,
(4) that a document named 'Service Certificate'was found stating date of relieving 25/11/2009 & reasons for leaving -'on his own accord',
(5)that day before the accident he informed his mother that he was coming to his native
place to report the other work site of his company ('B') near has native place as he was transferred to that site,
and (6)the expenses towards the transportation of dead body of 'A'from the hospital to his native place too was met by the company 'B'.
In this matter all experts of the subject
are requested to examine it & give candid opinion & comments with suggestion for further course of action to be taken by the parents.
