Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vinay kumar (News reporter)     13 June 2012

Employee death due to criminal negligence of employer!!

Dear Friends,

              One of my Close Unmarried friend was working with a European MNC as an Engineer for past 2 years.He was Sent to Africa for Company work where he caught a Highly Endemic Infection due to which he fell ill & finally DIED due to that Infection upon returning to India this year in jan 2012.his age was 32 years , yearly salary was about rs 9.5 lacs &foreign travel incentive was about rs 9.5 lacs.retirement age in company is 60 years.he had a liability of rs 40 lacs from banks towards home loans..The Company had declared in its Annual report that  it conducts regular health checkups ,proper monitoring against the said infection for its employees posted in that place but nothing such happened.Thus the Employer betrayed the Employee causing his death.Further,the Employer,in a written communication to parents(father & mother both old aged & dependents) of Deceased,did not disclose some benefits payable to deceased.The family has reports from Doctors Establishing the Infection from Africa.The Employer is having offices across the world & Claims to be a Equal Opportunity Employer & is also a Signatory to UN GLOBAL COMPACT.www.unglobalcompact.org

My Question is

1-What Criminal Charges can be made out against the Employer?

2-What Compensation can be Claimed from Employer(Since this is not a case of Accidental Death but Death due to Criminal Negligence & Hiding of Facts by Employer)?

3-What was the Maximum Punishment/Compensation Awarded in Such Cases in India?

Kindly give your valuable suggestions as these MNCs ought to be Taught a Lesson who consider Indian life to be  "VERY CHEAP"

                                                                                    Thanks & Regards

                                                                                            Vinay Kumar

                                                                               telecomtiger@rediffmail.com

 

 

 



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     13 June 2012

 

1. What was the kind of job ? was it inherently dangerous ? was the employer grossly negligent ? if all this is proved - he can be booked for causing death by rash and negligent act (depends on facts). 

He may also be liable for cheating if he with a fradulent intention decieved the parents - into not asking for benefits lawfully due to their son. 

 

2- Compensation depends on a lot of factors : Age/Salary/Dependants/The Gravity of Neglignece/Contributory Negligence if any. 

 

3. Criminal Sentences are rare in such cases (though 304A may attract 2 years maximum and cheating 3 years) the damages payable would also depend on a lot of factors 

 

Feel free to talk with complete facts !

 

vinay kumar (News reporter)     13 June 2012

He was working as a Telecom Engineer.the place was inherently Dangerous & is infamous all over the World for its Criminal Activities/Poverty/Backwardness & yes this Dreaded Infection.The Employee after returning back to India,fell ill,during illness hew worked with Company also & during his last working day,he was severly ill,he informed the Bosses about Symptoms but was not knowing what had Actually Happened to Him & got himself treated/admitted to Hospital.the Company has obtained a OHSAS 18001 certification also.I will ask his aprents to speak to you.If Criminal Prosceution is Not possible ,then what Maximum Compensation can be claimed ??Also, to add,his last African Trip was Sponsored by The MNCs African Subsidiary and has in written taken acceptance for Accomodation,Transportation,Lodging & Fooding Expenses/Facilities while in Africa & the MNCs Indian Branch has facilitated the whole process.Pls GUIDE

Anjuru Chandra Sekhar (Advocate )     14 June 2012

He is eligible for an amount equal to fifty per cent of the monthly wages of the deceased employee multiplied by the relevant factor; or an amount of one lakh and twenty thousand rupees, whichever is more;

 

Relevant legislation :  Employees Compensation Act, 1923

 

Relevant factor is Factor mentioned in Schedule IV of the Act, in simple terms the age of the employee.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query