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Compensation for employee

(Querist) 02 September 2014 This query is : Resolved 
Dear Lawyers Club India Friends,

My father was working through the Security Agency for One company as Security Gaurd.

In the month of Mar'14 he worked for 31 days & after 3 days in Apr'14

Then he went to village due to death of my father's monther (My Grand Mother) on 2nd June'14

And he came back and went for work on 08/07/2014,

On 10/07/2014, 9:30AM (Approx) my father was fall down from 1st floor in the company premises on duty unfortunately.

at that time some people saw my father & take him with the ambulance & admitted to Batist Hospital, Bangalore at 10:15AM (Approx), after that doctors isisted to take may father to NIMHANS hospital. After that field officer of that Security agency
bring my father to ESIC hospital, Rarajinagar, Bangalore because my father having ESI Card, ESI hospital refused to admit my father due to invalid ESI Card & after that Field officer took my father to NIMHANS at 2:20 PM, After CT Scan at 3:00 PM in NIMHANS, my father was dead at 3:30 PM (Approx).

Next day I went for getting FIR from Judicial Police station at 9:30 AM (Approx), but no proper response from Police officer, They scold me a lot with very very abusive words infornt of people finally they given 1 & half page FIR at 1:30 with wrong death day i.e. 11/07/2014 (Actual death day is 10/07/2014)

Now, my question is how much I can get the compensation from Security Agency as my financial position is very bad due to death of my father.

I am eagerly waiting for your response in this regard.

Thank you.
T. Kalaiselvan, Advocate (Expert) 07 September 2014
What is the reply of the employer on your application for compensation for the person died in harness i.e., while on duty?, did he give any reply to washed away his responsibility?, Issue a legal notice claiming suitable compensation and on his refusal by the employer, you can file an application before the Labor commissioner under workmen compensation act seeking relief.Consult a local advocate and proceed further as per his advise.
Raj Kumar Makkad (Expert) 09 September 2014
I do agree with Kalaiselvan.
Jagadish (Querist) 09 September 2014
Till now I didn't write any application to Employer for compensation & I didn't consult advocate. Is there any time limit for this.

because, the M.D. of the Security agency was in Police station while I am writting complaint.

If I wrtie to application to him, is there anything use..???

He will through the that application.
Raj Kumar Makkad (Expert) 09 September 2014
You should not waste the time as the report is required to be lodged at the earliest. You can do this even now without wasting much time on consultation.


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