femaly member of insurer

rupareliya (Querist) 10 April 2009 This query is : Resolved
my cleint is the son of insurer.after accident he was not able to work so i have fild case under workman compentation act but labour judge said my client is not entitle to get compantation because he is the family member of the insurer i want any case law about it

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adv. rajeev ( rajoo ) (Expert) 11 April 2009
Only dependants can claim the compensation. let me know whether ur client son is working or not, whether he was depended on his father. If he was depended on his father then he can claim the compensation. And it is not clear in ur case whether u have filed a case on behalf of injured person or not, if ur client is still alive he can only claim the compensation his son cannot calim the compensation.

Tribhuwan Pandey (Expert) 11 April 2009
In case of injury the injured person should file claim case not by his dependents. dependents are entitled to get claim only after death of insured.