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AjaySharma (HR Manager)     15 September 2009


Dear Friends,

One of our employee died during going back to home by shortest root to his home due to accident on G.T. Road, His family members has filed claim under MACT Act and company has taken WC Policy from Insurance COmpany and when company was asked for compansation by deaceased family members then we have filled the intimation to the Insurance Company, now insurance company says you can claim under one policy wether under MACT Act or WC Act not under both while liability are seprate MACT is state liability and WC is company Liability if any eminent person can advice me what to do and if any case reference is given will be better for us ....Regards Ajaay


 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     15 September 2009

. EMPLOYER'S LIABILITY FOR COMPENSATION. - (1) If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter :

Swami Sadashiva Brahmendra Sar (Nil)     15 September 2009

The claim under WC Act should be made first. Entitlement of compensation  under WC Act is not a complete bar against claim under MV Act. The amount paid under WC Act will be deducted from compensation under M V Act. However, there are divergent judicial pronouncements on this point and I will refer them later alongwith a final opinion.

AjaySharma (HR Manager)     21 September 2009

Thanks for your valuable openions but it will be better if i can get any case reference...AJaay

jagadish paranjape (Advocate)     23 September 2009

Dear mr sharma,

It appears that the accident has occured after working hours and outside

work premises.Thus it does not appear to be an accident arising  out of and

during the course of employment.Therefore application under W.C.Act may

not be acorrect remedy and is likely to fail.


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