Benefits for accidents while on official duty
Rama mohan Acharya
(Querist) 15 November 2014
This query is : Resolved
An Officer of a company was nominated to attend a seminar organised in the city. The company rules the officer is getting monthly conveyance allowance for commuting from residence to works and back, It is also a condition that the osfficer is required to use his personal vehicle for official work, within 8 KM radius.In case the officer is required to use his own vehicle for official work, then he is eligible to get reimbursement of conveyance expenditure @ Rs.12/- per KM. Here the place of conference is more than 8 kms and the officer used his personal vehicle. Unfortunately, while going he met with an accident with a cycle rider on road.Subsequently the cycle rider has filed a FIR with local police station. The vehicle of the officer also got damaged . He got it repaired in an authorised service station and claimed insurance for such repair. He had also to spend Rs 10000/- from his pocket for repair which was not allowed by the Insurance Comapny.
Now the officer submitted an application for (i) Reimbursement of Rs 10000/- (ii) Requested the Management to provide him legal aid since the accident occured while he was on official assignment, and Criminal proceeding will be initiated.(iii) Treating his absence for attending Court as duty. It is pertinent that the Comapany do not have any rule for such incidents.
The querry is whether the Management shpuld acceeded to the request of the Officer? I am more interested in this matter because, in our profession also the same incident happens since we the Legal Officers are required to move outside factory for attending various Courts, Advocate Chamber etc and normally use our own vehicle.
KUMAR JAGADEESAN
(Expert) 16 November 2014
The claim for repair etc from the company because the accident happened while on employment seems to be preposterous. Ther can be no legal basis for such claim unless the company's employment rules/ standing orders provide so. The fact that the company allows travel allowance as part of pay does not extend its liabilities to the follies committed by the employee. It is another matter if the accident has resulted in death and/or if the person comes under WCT Act.
J.KUMAR
Advocate
Hyderabad
Satya Mani Tiwari
(Expert) 17 November 2014
The claim of Rs. 10,000/- & to provide legal aid is not tenable as Mr. Kumar J has rightly explained.
In fact if the claimant had gone in Company vehicle driven by Company driver then only all his claims were justified.
Except otherwise claims would have been only justified in case of fatality (Death)as also pointed out rightly by Mr. Kumar.j
T. Kalaiselvan, Advocate
(Expert) 17 November 2014
The officer was deputed by the company to attend a call or seminar outside, therefore it is deemed that he was on official duty at the time of accident. This is not a folly or intention of the officer to meet with accident. He is very much eligible to claim reimbursement from company for the losses he suffered over the insurance claim, a representation to the company's management will make the things clear for further course of action.
Rama mohan Acharya
(Querist) 18 November 2014
Thanks to all. The further development is the Officer made the request/ representation to the Management. In turn the Management turned down the points(i) & (ii) in the pretext that there is no such provision in the company. regarding the point(iii), the Management informed that" However, regarding point-iii, if acquitted by the Court, the absence towards attending court hearings, will be treated as duty on production of attendance certificate from the Court".
It is legally correct? Lets take our case as legal professionals working for the Company at odd hours for the Company. As rightly pointed out by Shri T. Kalaiselvan, we never intend to face any road accident. On the contrary, we are not even covered by any insurance by the Company. IF Company do not have any rule/ provision on this aspect, what is the fault of the Officer? The bottom line is the Officer abides the instruction of the Company and works in the interest of the Company and has tu suffer both financially as well as mental agony. GHow far it is justified?
Request to en light if any similar case is there.
I want to take up this issue with the Management. Kindly help me as Legal Professional keeping in view the Occupational Risks we are subjected to.
