Saswatabanerjee
Partner - Risk Management
Bssiraj
Hr Executive
Hiren_banerjee
Dgm-personnel

Greetings of the day!!!
One one my clients employee (driver) died off the duty, he took leave for illness and had an heartattack in the night. Investigation says that he was drunk as he was on leave that day and while sleeping he died.
He is survived with 1 child(minor) and wife but both were not staying with employee. They mutually agreed to stay separately but were not divorced.
He was with his Mother and brother in a joint family and now his family dont want do give any compensation to his wife but would like to sponsor his child.
My query, what would be the compensation apart from FNF.
How to proceed further in this matter where wife to be not included in compensation, where she will expect some part of it.
Please suggest.
Looking forward...

From India, New Delhi
Dear Reddy,
Every married person is a legal heir only for spouse and child. this is the legal rights of spouse and child.
As per PF Act Father and Mother is not eligible in Pension Scheme. If Spouse is acceptable Only Provident fund certain amount should provided from the PF Contribution.
Siraj/HR

From India, Kolkata
Since he was not on duty, he is not eligible for compensation under employee compensation act. But if he is covered under ESIC, then he may be eligible for compensation under EDLI.
however, the compensation under EDLI, PF is not your problem, that will be issued directly.
You need to ensure that you guide them correctly as to what they can claim.
If he is eligible for gratuity, you need to be careful. When there is a dispute within the family of the deceased person, it is a good idea to take the help of the authority under gratuity act (mostly labour commissioner) to decide who should get the amount and how much. You may in such case, be required to deposit the gratuity amount with him pending decision on how much will be given to each party

From India, Mumbai
Dear Friend, in every social security Acts like Payment of Gratuity Act, Employees' Provident Fund & Misc. Provisions Act, Employees State Insurance Act, Workmen Compensation Act etc. there is a very transparent mentions of 'NOMINEE' who is/are elligible to get all dues in case of death of an employee. Now your anxiety about Compensation, What Compensation ? Did the employee succumbed from an Employment Injury - No. Did the employee died while in service - No. Then what. The question of compensation does not arise at all. But in the case of payment of Gratuity and other dues like unpaid salary, leave pay etc. - you simply find out from his service File as who was the sole or part Nominee - the employee had authorised. If there is clear mention then on the basis of that document, pay to the Nominee without any hesitation provided she/he submits Original alongwith photocopy of Death Certificate from the Competent Authority. And in that case if he had nominated his wife, the wife would have 100% right to get the payment. Law is guided by rules and not by emotions. So friend - do judiciously and forget those family drama.
From India, Raniganj
If there is no nomination by the employee, then ask whoever comes to claim the above dues, to submit SUCCESSION CERTIFICATE' executed by the District Judge as per the Indian Succession Act and then only you can pay to the Successor/s.
From India, Raniganj
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