asked On 27 March 2017 at 18:08
Please find below the incident Summary:
I was working as a Branch Manager with Bharti Axa Life Insurance Co Ltd for Kakurgachi Branch (Kolkata) from 18-Sept-2014 to 22-Nov-2016.
Our East Zone Head who sits in our zonal office in kyd street has organised a zonal meeting from Sept 4-5, 2015 in Dee Empressa Hotel banquet hall (Kyd Street, Kolkata) which has been booked for the same.
On the last day of the meeting, that is 5-Sept-2015, me along with my other colleagues took lift from 5th floor as Lunch was arranged in ground floor restaurant. We were around 8-10 people in lift and all are employees of Bharti Axa, there were no outsiders. We all were attending meeting in 6th floor banquet hall with total around 25 Branch managers from across East, 3 regional managers, our zone head and HR head.
It was an automatic lift, and when we all are into the lift, the door closed and started moving. While in lift I never felt that the lift is free falling and suddenly between 1st floor & ground floor, the lift stopped with a huge sound and jerk, I fall down on my knees with sheer pain. The lifts door is half upward and half down. The door has been opened and me and others were dragged outside.
Then was taken to the nearest Mercy Hospital (park street) emergency ward, where pain killers were given, and Xray was done, which was showing no fracture but soft tissue injury with no further details. Suggested to come after 5 days for checkup.
After 5 days, I went to Fortis Hospital on 11-Sept-2015, met Dr.Gaurav Gupta and after MRI, it was found that I had multi ligament torn which is in extreme bad shape. My ACL ligament is 100% torn that need to be re-constructed; my LCL ligament completely disrupts, needs re-construction; and only PCL ligament is around 30% torn which will slowly heal. Major multi-ligament surgery of around 6 hours happened on 22-Sept (almost after 2 weeks of Incident).
As per doctor, I will take 8 weeks post surgery to start walking slowly, then total 12 weeks from surgery to walk normal. Have to go through rehabilitation and instructions for healing. Complete cure may not be possible but walkable only happen after 6-7 months from surgery.
Till now, after 17 months almost, I am not fully recovered and my last Checkup, doctor said I will never be back to normal as I was before and will have limitations pyhisically. The damage that has happened to me is a lifetime affair now. I am still in a partial handicap or disability position with lots of physical challenges and limitations and always have a chance to get few of my constructed ligaments to get disrupted on any uneven situations.
I have all the medical proofs & documents regarding my injury & this event.
Its only me & my family knows the level of sufferings we had gone through from the date of accident to operations till now. I can’t today walk freely as knee still lacks balance, so have to be highly conscious always; If someone pushes me I won’t be able to keep balance & will fall; I can’t run & play with my kid neither can take her on my lap; I have to sleep straight on bed carefully keeping in mind that the legs didn’t get twisted; I can’t carry any weight more than 1kg; I can’t walk longer else it start paining severely; I can’t run nor even jog; Can’t walk smooth or fast; Can’t climb stairs normally; The LCL (Lateral Co-Lateral ligament) doesn’t have any guarantee & can get torn anytime; The stitch area still pains & have strange feelings when touched with some places have no sense; Currently my leg looks different much thinner in various portions, and has pain in various points; I am unable to do normal activities & is always at risk of getting damaged further.
Prior to the notice I sent to the company, from December-2015, I have been following up with the company to pay me my medicine bills and physiotherapy bills post surgery. Initially company was denying to paythe total billed amount of Rs.1.07Lacs, after tremendous follow-up from my side, and last legal threats given to them, the company paid Rs.80000 on Feb-2016 to settle the medical bills raised of Rs.1.07Lacs.
What I have done & what happened in between April-2016 till date:
1) I sent a mail to the Kolkata Police commissioner to help me in this regard to get compensation from hotel, where he forwarded the matter to SI in new market police station. The SI visited few times in the hotel for enquiries and told me to file a criminal case with Sec 156 clause 3 non bailable warrant
2) I have sent 3 notices to the hotel from my side demanding compensation of Rs.5crore, no response received
*3) Post company paid me Rs.80000 towards medical bill reimbursement, I have not done any further communication on this. But May-2016, the zonal head and HR issued me a PIP mail regarding my performance from Jan-Apr'2016 with target to achieve else will be terminated.
I send mail communications describing my physical situations my inability to give 100% to job due to limitations.
Without I forming they withdraw the PIP issued against me.
In July-2016 again they issued me again PIP mail stating to deliver target else will be terminated.
I have send a damage compensation notice to the company and its personnel's demanding damage compensation of Rs.3crores. After a month when I reminded them as not getting any reply, within 7 days, the HR issued me a "Show Cause Notice" mentioning that I am making frivolous claims against the company and strict action will be taken on me for making such demands and asked for an explanation. I then sent them a reply against the notice, Post that everything gets quite.
In between, the time frame for the PIP mail already expired as it was for the period of July-Aug-Sept'2016, and results should have been declared with whatever actionables timeframe was till Oct'16. Also, I was able to deliver the target given for that period, but one cheque of. Policy of Rs.2.25Lacs got bounced in August itself but there was no information to me from the company wide, so unable to understand the status. Later in November 1st week, I enquired and found that the cheque of 2.25Lacs got bounced in 1st week of August'2016 itself, and when charged the operation & finance team, they apologized for their mistake of ignoring the case and not informed me.
In mid of November, the zonal head and HR head calls me to meet. They raised the issue that due to the cheque bounce of 2.25Lacs during the period of JAS'2016, I am unable to meet the target as given in PIP mail issued in July'16, hence they will tarminate me. I repeatedly told that the cheque bounce information came late and the customer is genuine and I will get the same resolved. Post that day's meeting, I received mails for .Y Ter.inTion and ordered to vacate office immediately. There is a long mail trail on this matter but repeatedly they are saying that the business of 2.25Lacs case is not genuine else why it should get bounced, which clearly indicates that if that cheque doesn't get bounce, I would have come out of that PIP matter. I had to leave office on 22-Nov.
Also, the customer of that 2.25Lacs case made payment on 23-Nov'16 & send me the receipt also which proves my case was genuine which these zonal heads tried to frame as an ingenuine fraud case.
Now What I want to do:
1) File case against both my company as well as the hotel for damage compensation
2) File criminal case against hotel as well as my company if possible
My company hasn't reported the incident to police when it has happened and that's a suppression of facts for which they can be held guilty also apart from damage compensation demand.
I have all relevant medical documents of all hospitals, all company Y communication emails and documents etc.
Request your feedbacks on the case and what could be done so that I get compensation from both hotel and company as well taking actionable against them.