Lawfully yours: By Retired Justice K Chandru
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court
Injured not covered by ESI can claim under Employees Compensation Act
After my right hand got injured at work, I lost the function of two fingers. Still have the pain in my hand. I was working for an engineering section of a private company. This happened just before COVID-19 started. I am 33-years-old with a wife and two daughters. The company paid me for a couple of months and just stopped. I went to a doctor, did physical therapy etc. I was expecting the company to take me back, but they never did. They didn’t give me compensation either and I am still kept waiting. I’ve been struggling to get work elsewhere also because I can’t keep up with the labour requirements.
— Wilson Thomas, Tirupur
If you are not covered by ESI, then you can claim compensation under the Employees Compensation Act for loss of earning capacity. The Act, in its schedule, gives the rate of compensation for different loss of limbs. But that is not final. If the loss of two fingers completely deprives your future employment then the loss can be even assessed at 100 per cent. The compensation is based upon your last drawn wages. You can apply to the Addl. Workmen Compensation Commissioner, Coimbatore (Deputy Commissioner of Labour). Since you say you got injured during COVID, technically your claim is time-barred. However, the Commissioner has the power to condone the delay in filing your claim.
Access to roads is a Fundamental Right enshrined under Constitution
We live in an apartment on East Avenue, Korattur, located in an L-shaped plot. Apart from access to the 60-foot main road, the builder has constructed a wicket gate to a 20-foot road on the side of our apartment. Our neighbours on the 20-foot road object to us using the wicket gate. They claim that they alone can have access to the 20-foot road as we have a main entrance facing the 60-foot road, which seems unjust. Can they prevent us from using the 20-foot road?
— R Mathavan, Korattur, Chennai
The right to access a road is a fundamental right. Unless your wicket gate is opened to a road which is a private road, then no one can prevent access to the road. If a road is in existence and people have access for a long time and if it is found mentioned in the records of the local bodies, then no one can claim it to be a private road.
