need quick reply
puja
(Querist) 11 August 2008
This query is : Resolved
a person who was the GM of a construction company died on site where the wotk is going on.
the person is earning gud amount in lakhs.
he left over his wife and a unmarried daughter.
what remedy available to the legal heirs to get more compensation besides workmen compensation Act.
any another act/law from where they got compensation (gud amount)
Srinivas.B.S.S.T
(Expert) 11 August 2008
They can file a petition under Fatal accidents Act seeking compensation.
H. S. Thukral
(Expert) 11 August 2008
Sorry ! Mr. Srinivas. Only one suit can be brought on same cause of action. (Sec 2 of Fatal Accident Act)
Ms. Puja, Workmen's Compensation Act is a complete remedy as it provides compensation to all the dependants. Beside that you dont have to prove negligence of the employer. In calculating the compensation amount salary/age are relevant factors and since the deceased was getting a good salary, the compensation would be proportionately good.
Jithendra.H.J
(Expert) 12 August 2008
just check out whether the GM comes under the definition of workmen before filing petition under workmen compensation Act