Harendra Kumar (A Practicing Lawyer) 26 May 2014

Accident

Sir,

It is brought to your kind notice that two persons die with accident on different place on course of duty in this regard my queries is that

i) One person was working with the Pvt. Ltd. company and deducted ESI & PF and not having any insurance policy at the time of death he was driving with Company' motorbike

ii) Second person was working with a proprietorship firm and not having any insurance policy and accident claim but at the time of accident he was driving the firm's motorbike.

Plz advise to us which are the law applicable in matter and how to remove the problems.

Plz provided necessary information and applicable law.

In this regard your earlier action would be highly appreciated.

Reply Follow

6 Replies

Laxmi Kant Joshi (Advocate ) 26 May 2014

1. they both have their driving licence or not , the motor bike was insured or not ? 2. both the accident occured due course of service time , therefore the company is fully responsible to pay the claims , if they met the accident with other vehicle which was insured by any insurance company then that company will pay the claim .

Mahesh R. Sonawane (Lawyer/Fight for justice) 26 May 2014

You have to file claim petition under Workman Compensation act or Motor vehicles act

priyan Sharma (Officer) 26 May 2014

you can file motor accident claim petition under section 166 of the MV Act for compensation.

Harendra Kumar (A Practicing Lawyer) 27 May 2014

Sir,

In this regard they are having the License, Incurred Motor vehicle, during the course of employment.

But study a motor vehicle Act, 1988 i.e. maximum insurance claim Rs. 50,000.00 only on death and on physical disability Rs. 25000.

Further in this regard approximately Rs. 7,50,000.00 expended during the accidental time to death time

and also provided the `Third Party Claim’ concept.

In this regard plz share your valuable opinions.

N.K.Assumi (Advocate) 28 May 2014

Harendra Kumar, there are many kinds of accident so what kind of accident was it. Accident by use of motor vehicle or accident in course of their duty without the use of motor vehicle. If it is an accident by use of motor vehicle yes, they can file claim petition as learned members have pointed out..

Harendra Kumar (A Practicing Lawyer) 28 May 2014

Sir, In this regard accident by use of motor vehicle and one person was dead and one person is physical handicraft and during the course of medicines Rs. 7,50,000.00 above spend their on.