Skip to main content

compensation from ESI as well as motor vehicle tribunal

 SHORT NOTE ON LEGAL OPINION

FACT:

Madan Lal’s father, working as labour in the construction industry & has been

insured under Employees State Insurance Act. Unfortunately the father of Madan

Lal died in a motor accident while returning home from the construction site. ESI

act provides compensation for injury during the employment. On the other hand,

the Motor Accident Compensation Tribunal (MACT) act also provide

compensation for motor accidents.

ISSUE:

In which court Madan Lal should file the case for compensation.

OPINION:

Before going into the Madan Lal case I would like to highlight few points in order

to construct my opinion. Firstly I would like to discuss few Supreme Court

Judgement then I will elaborate on insurance policy and acts that provide

compensation to the aggrieved worker.

In the case of Dhropadabai V. M/S Technocraft tooling (2015), Employee died in

the factory premise. Employees dependents approach Labour Court for Workman

Compensation but Labour Court refuses taking a plea that Labour Court does not

have any jurisdiction related to death of an employee during Employment as

Employee insured under ESI Act. Then aggrieved approach High Court &

Supreme Court but no relief provided to them.

In the case of Western India Plywood Ltd. V. Shri P. Ashokan (1997), Employee

lost his one hand and ESI provide Rs 265/month which is not at all satisfactory.

Aggrieved approach High Court & Supreme Court but no relief were provided to

him.

In the case of National Insurance Company Ltd. V. Hamida Khatoon (2009),

Employee come across road accident while returning home from office. The

aggrieved ask for Rs 1,20,000 compensation on the account of the misfortune that

happened to him. Aggrieved approach Labour Court, High Court & Supreme Court

but no relief were provided to him.


The reason behind Courts were not able to provide proper relief to the aggrieved

workers is that workers are insured under ESI Act. ESI Act has few provision that

cause trouble while claiming compensation from courts and tribunal. Section 53 of

ESI Act bars against receiving or recovering of compensation or damages under

any other law. Section 61 of the ESI Act bars benefits under other enactment. ESI

Act bars workers to approach any court or tribunal to get additional benefits which

considered as the adverse effect of ESI Act that violated workers right to claim

compensation.

Employment injuries are often called in dispute as to whether the injury arose out

of employment or not a employment injury. In order resolve the dispute Justice

Denning, UK Court pronounce that if the reasonable nexus establish b/w

Employment & injury, it is considered as a employment injury and injured worker

shall be entitled for compensation. Section 53 (e) was introduced in the ESI Act

which stated that if a worker get injured while traveling from home to office or

vice-versa shall be entitled to get compensation.

In order to make ESI Act more beneficial for those who are insured under the act

we need to make few amendments in the ESI Act. ESI benefits shall be provided

along with additional benefit from the other courts & tribunal to those aggrieved is

entitled for. The employment injury shall be pronounce as injury is general during

course of employment. The aggrieved provided with wide choices to approach

court or tribunal where aggrieved get more benefits. ESI act shall insure workers

under ESI act as well as other acts provided for the benefit to the workers in case

of calamities. There should be no dispute between forum in terms of jurisdiction.

Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...