Compensation Liabilaty

HARISH CHANDRA JHA (Querist) 16 March 2009 This query is : Resolved
Dear Sir,

I am working in a chartered accountant firm as an accountant.
My office have two branch one is Rani Bagh Delhi & second is Punjabi Bagh Delhi, in both offices there is a 4-5 K.M. distance.
One day i was got for lunch for few time and my boss (CA) said to my coolick that pls, come in ranibagh office and take some cash for general expeses. he went by my byke (two wheeler) without of my permission and he have not any Driving Licence. at the time of returning with cash there was a misshappening in which my coolick dead in hospital within 24 hour's Know his parents demand for compansetation to me is there my liability or my boss liability.

Pls, clear as soon as posible and overcome to me from this problem i am very warry form this.

Pushkar
09313301634

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PALNITKAR V.V. (Expert) 16 March 2009
Your boss is not at all concerned with the question of compensation. It does not seem possible that your colleague took the bike without your permission since he keys must be with you. Hence, you and insurer if any may become liable.

A V Vishal (Expert) 17 March 2009
Dear Palnitkar Sir:

Can't we put the issue this way, that Mr Jha's colleague died in the road mishap and since the driver viz the deceased person didnot have a valid license and since the bike belonged to Mr Jha, the insurance company and Mr Jha are liable to compensate, apart from them since the deceased died in harness while on duty, the employer too has a responsibility to compensate the death of his employee.

M. PIRAVI PERUMAL (Expert) 17 March 2009
I agree with both views.

adv. rajeev ( rajoo ) (Expert) 17 March 2009
if ur bike is insurance coverage u need not worry insurance co is liable to pay the compensation. But u told that ur collegue had no driving licence in such cases insurance co, is not liable to pay the compensation u will have to pay the compensation. Another possiblity is there if he is working person then his LRs can claim under the workmen compensation act because mischap is happened during the course of employment then only ur boss will be liable

HARISH CHANDRA JHA (Querist) 17 March 2009
Dear Sir,

How can i safe my side what should my compensation, and my boss not coperate with me. Date in the court on 16.03.09 and my boss not hire any lower for this case and i done on my personal expenses, now what should to do.

Harish

HARISH CHANDRA JHA (Querist) 17 March 2009
Dear Sir,

My question is am i liable to pay something his lawyer can claim to me also, if yes how many amount should be possible.
what is other way to be safe.

Harish

HARISH CHANDRA JHA (Querist) 17 March 2009
Help me pls

Harish

A. A. JOSE (Expert) 17 March 2009
I agree with the views of Mr.Palnitkar and Mr.Vaishal. However, you have not stated as to whether you have insurance valid insurance policy for the vehicle. Even if you have insurance policy for the vehicle, in the absence of valid driving licence, the insurance company can deny liability. As regards Mr.Prabhakar's view above, although it is worth trying, in the absence of any record, it will be difficult to prove the point.

HARISH CHANDRA JHA (Querist) 17 March 2009
Dear Sir,

Victom were articalship under CA, and i am working as an account assistent with monthly income of Rs. 6000.00 I live in Delhi with my wife and a son of two year old. and not any property in my name on anywhere. victom age about 18 year old. Now pls, said me of about compensation. I am realy very fear from this, becouse my boss also not help us.

Harish

HARISH CHANDRA JHA (Querist) 19 March 2009
Dear All,

Pls, reply me

Thanking You
Harish

sanjay singh thakur (Expert) 19 March 2009
Dear Jha Ji
If your vehicle was insured then you don't have to worry. I expect your vehicle to be insured (third party) and hence you will be exempted from liablity which will ultimately shift upon the Insurer.

Sanjay Singh Thakur