Workmen compensation

M.K.Ganatra (Querist) 11 February 2013 This query is : Resolved
At site due to cold two employees burned coal inside the vehicle at night. Later in morning both were found dead. Cause of death in post mortem report state - uncertain. But it is assumed that cause may be due to inhalation of gases from the fire lit by them. The employees were on duty. Whether the claim is payable under Workmen's compensaation act. Please let me know with noting under law if any. Regards,

Mayur Ganatra

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R.K Nanda (Expert) 11 February 2013
yes, claim is maintainable.

Raj Kumar Makkad (Expert) 11 February 2013
Both employees were though careless and their negligence id contributory but even then they are entitled for workman compensation.