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Kathiravan Rajan   21 March 2020

accident case

I was injured in a car accident on 04.11.2014 and at the time of accident i was in onduty worked in a MNC. After treatment i re-join the same company on 03.04.2016 and i was seperated from the co-workers and they put me in a seperate room and no work given to me for two years (they put me in mental torture). Then the company informed me to go pune for work. I refused to go pune because i could not able to travel long and could not be survive alone in this condition (45% Disability). They stopped me from office and also my salary. Iam having 3 girl babies and without salary i could not able to survive. In this situation is there is any ppssibilities to ask workman compensation from company. If it is possible how much can i expect.


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 11 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 March 2020

One of the key responsibilities of a company is to provide a safe and healthy working environment. In an unfortunate event of an Employee suffering a bodily injury (temporary or permanent), or death during the course of employment ,Employer is legally liable to pay compensation to the Employee under the Employee’s Compensation Act 1923 and subsequent amendments of the said Act, The Fatal Accidents Act 1855, and at Common Law. 

1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     21 March 2020

Dear querist,

You were entitle for claming compensation from employer however now the claim is time barred. Visit local advocate and he may find out some solution for you.

Regards,

 

1 Like

Advocate Suneel Moudgil (Advocate)     21 March 2020

Your claim is time-barred, since the accident happened in 2014, however, you can give a try by engaging a local prudent lawyer

1 Like

G.L.N. Prasad (Retired employee.)     22 March 2020

Finally, you have to search for a good advocate that is an expert in labor law to find out whether there is a remedy now for your post and can explore such possibilities if any now.  I am afraid that with your disabilities you may not be in a position to continue the sustained legal battle with MNC and it is always better to go to PUNE, as the job is more important, who knows ? you may find PUNE better in all respects. (It all depends on your will power, financial strength and capacity for the long battle with such MNC, your area of specialization, your scope for getting another employment at this age)

1 Like

T. Kalaiselvan, Advocate (Advocate)     22 March 2020

The companycanno isolate you for the reasons that you are physically handicapped.

Right To Employment of Disables in India - Disability law. Human rights are the fundamental or basic rights, which should not be taken away by any individual or government. .

Legislation would make direct/indirect discrimination against the disabled punishable.

In order to ensure better protection of human rights of the disabled, The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 was promulgated during the year 1995 in order to give effect to the proclamation on the Full Participation and Equality of the People with Disabilities in the Asian and pacific Region. Chapter 6 of the Act deals with employment and contains various incidental provisions related thereto. But with the enactment, implementation is equally necessary

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     22 March 2020

Right To Employment Under The Persons With Disabilities (Equal Opportunity Protection Of Rights And Full Participation) Act, 1995

Protection of service of an employee in the government establishment who acquires disability during service (Section 47(i));
k) Non-discrimination in the matter of promotion on the ground of disability (Section 47(ii)).

 

Section 47 of the provides that no establishment shall dispense with or reduce in rank and employee who acquires a disability during his service.
In Kunal Singh v. Union of India and Anr, the Apex Court considered the issue as to whether the services of an employee who incurs any disability during such service could be dispensed with one on the ground of such disability. The court was considering the case of the appellant, a constable for 17 years in Special Servive Bureau of Union of India suffering amputation of a leg on account of an injury caused while on the duty. The medical Board had declared him to be permanently incapacitated and therefore appellant was invalidated from service. His petition before the High Court challenging he action of the government and seeking relief by way of alternative duty, which he could discharge, was dismissed by the High Court. Allowing the appeal the Apex Court held that merely because the appellant got invalidity pension is no ground to deny mandatory protection made available under the Act. Once he was found not suitable for the post he was holding, he could be shifted to some other post with same pay scale and service benefits and if that was not possible he could be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation. Order affirming the termination of the services was therefore set aside and Union directed to give relief in terms of section 47 of the Act.

 

2 Like

T. Kalaiselvan, Advocate (Advocate)     22 March 2020

In UOI vs. Sanja Kishan the respondent while working as Gp C employee of Railways applied forthe post of Gp B post, He ws qualifed for the written test and was directe4d to undergo medical testt as per the rules of the Idia=na railway establishment manual, passing the  medical test is a requirement before the candidate is called for viva voce test. He was considered unfit as he may become visually handicapped in future. The respondent was therefore not called for viva voce test. He challenged before the CAT the order whereby it was indicated that he was not to be called for viva voce test as he had been declared medically unfit. It was held that while considering the case of the respondent sub-sections (1) and (2) of section 47 were not kept in view. Which provide for protection of service of an employee in the government establishment who acquires disability during service and non-discrimination in the matter of promotion on the ground of disability. CAT also took note of the fact that a new paragraph 189A was introduced in the Establishment Manual which clearly laid down that there shall not be discrimination in the matter of promotion merely on the ground of physical disability. When in appeal it was contended that sub-section (2) Section 47 of the Act permits the appropriate Government to exclude by notification any establishment from the provisions of the section. It was said that it only permits the appropriate Government to specify by notification any establishment which may be exempted from the provisions of section 47. The notification can be issued when the appropriate Government having regard to the type of the work carried on in any establishments thinks it appropriate to exempt such establishment. The proviso to sub-section (2) thereof does not operate in the absence of the notification.

Giving a wider meaning to the term disability, the Delhi High Court has ruled that a person suffering from heart ailment is entitled to the benefits of the Disabilities Act for the purpose of employment in the government.

1 Like

P. Venu (Advocate)     24 March 2020

Admittedly, the accident had occured four years back. And it was a motor accident, What action you had taken to claim cmpensation from the MACT?

Had the accident accured during the course of employment to be entitled for workmen's compensation?

It appears you were grieviously injured/handicapped? Had you requested the employer for being deployed in accordance with your reduced capabilities?

1 Like

Kathiravan Rajan   26 March 2020

Dear Mr.Venu sir...Accident on Nov 2014 and hospitalised for 1.5 month and four surgeries I undergone. after a year I joined the same company in March 2016. so I have not asked for compensation because they gave me work and degraded from factory manager to admin work and they put me in a seperate room for two years which took me into a serious stress. In may 2018 they informed me that I have to go pune for 6 months. They purposely doing this so that I will resign my job and go away from office without claiming the compensation. I don't know the claim has time validity...then they informed me that I should not come to office hereafter and report from pune office and if I am not going pune write us in letter for further communication..I have refused the company that I could not able to pune because of my health condition and I am having 45 percent disabilty...by communicating by letters it takes another 1.5 years and they cornered in many ways like show cause letter and sending me legal letters and stopped my salary etc..due to this I am very stressed and having 3 girl babies I could not able run my family..so asked company to settle my compensation...they are not responding. I have been injured at the time of onduty when I have taken my client to outside they company for lunch. actually I thought the company will give work for me life long because I have joined this company in 2007...so as a senior person they will keep in their office but after 3 years they are purposely doing all this things to throw me from the company..please advise what I have to do further for getting compensation sir. Thanks

P. Venu (Advocate)     26 March 2020

You are evading facts that are material and instead posting opinions that are subjectives and even, asssumptions are presumptions, and even obsessions. Please post material facts, esp. as to:

1. How did the accident occur - who was at fault?

2. Had Police registered the FIR - what is the present status of the case?

3. Had you moved MACT for compensation?

4. Who had borne the medical expenses?

5. How much you are handicapped?

6. Is Employees Compensation Act applicable your company?

6. Is there any other issue between you and the employer, prior to or subsequent to the accident?

Please note that any suggestion offered in this Forum has its limitations and cannot be confined to the material and credible facts you post and legal elements therefrom.

G.L.N. Prasad (Retired employee.)     26 March 2020

Mr.Rajan,

Your struggle is for survival, and you can not depend on an online expert's opinion whereas you want a permanent remedy and solution as you require moral support, financial strength, and mental peace to face such a situation.  Only local advocates who collect fees and can help you expertise can throw some light on studying facts.


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