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The
aspect of liability towards
employees under Workmen's Compensation
Act and beyond needs clarification.
Mr.
Vijay has an Act Only policy
covering his private car. He
employs a paid driver. While
driving the vehicle, after dropping
Mr. Vijay at his office, the
vehicle collides with a truck
and the driver dies on the spot.
Being
an old car, Mr. Vijay had nothing
much to lose and that is why
he had not taken a Comprehensive
Policy. However, the family
of the driver lost their bread-winner.
As
an employer, Mr. Vijay is liable
to compensate for the driver,
since he was driving the vehicle
in course of employment. The
Motor Vehicles Act, makes it
compulsory to insure liabilities
under Workmen's Compensation
Act.
Accordingly,
the legal heir of the deceased
driver filed an application
to the Labour Commissioner and
an Award of Rs.1,50,000 was
passed against the employer.
Mr. Vijay, equipped with an
Act Policy, approached the insurance
company, who in turn satisfied
the Award .The legal heir of
the driver received the compensation
from the Labour Court soon after
and everyone was happy.
The
liability for compensation as
per the Workmen's Compensation
Act, depends on the wages of
the employee and his age, and
represents mainly the loss of
earnings.
However, other losses representing
mental pain and agony for the
family, loss of consortium,
future expenses on dependents
and loss of prospective earnings
are not accommodated in this
compensation.
The
legal heir of the driver, in
the instant case then approached
the Motor Accident Claims Tribunal,
demanding a compensation of
Rs.1,00,000 towards these losses.
The Tribunal passed an Award
of Rs.50,000, found reasonable
as per provisions of Common
Law and Fatal Accidents Act.
Mr.
Vijay had an Act Policy which
did not cover this liability
and he was saddled with the
responsibility of satisfying
the Court Order. You can imagine
the financial burden he had
to bear. Had he taken a Comprehensive
Policy, covering his driver
by payment of a small premium,
he would not have to face this
difficulty. The insurance company
would have paid this additional
amount of compensation too.
It
is, therefore, always advisable
to take a Comprehensive Policy
covering these liabilities.
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