Harsh Kumar Mehta
Consultant In Labour Laws/hr
Labour Consultant
Kshashikumar Nair
Head - Hr/administration
Arunachala Nataraj
Senior Manager -hr
Hr Executive
+4 Others

Thread Started by #padmakarsohani

My Elder Brothers son Expired, reason is not yet declared by Police Department and respective, Visera reserved. He was going to attend his Job his company is five Km Away from residence just he was standing on Bus stop that time he collapsed.
He was working in private company having PF and other facility. at the time of Death his Age was 26. He was working with that company since last Four Year. In His company ESIS is applicable. He was just getting approx. 20,000 salary in hand. Exactly I don't know What was the Basic.
Now How we can anticipate that What type of Financial benefit from Employer, Provident Fund & ESIS will be received to his Father & Mother.
16th January 2018 From India, Pune
1. Sir, in your thread as above, your have not mentioned important informations viz. (a) date of accident ( i.e. whether there is delay in this case for reporting to appropriate office of ESIC), (b) whether any FIR was lodged with the police authorities (c) what is the cause(s) of death as per post mortom report etc. etc.
2. I may submit that in respect of accident cases, the Accident Report is to be submitted by the employer to the appropriate branch office of ESIC to which the said insured person is attached. Whether any such report was filed with the said office. If not, then what is the opinion of the employer of the deceased.
3. I may further submit that a person on the road is treated as at par with public and if any accident occurred in such situation, the same is not treated as a case of employment injury. However, under ESI Act, 1948 there are some provisions in Sections 51-C and 51-E which entitles dependent benefit in certain circumstances. I hope you will go through said provisions in above Act.
4. Above all, it will be more better if the dependents of the deceased insured person may contact the concerned Branch Office Manager of ESIC and discuss the matter alongwith PEHCHAN CARD of the deceased employee.
16th January 2018 From India, Noida
He will also be eligible for gratuity as per rules.
17th January 2018 From India, Mumbai
ACCIDENTS OCCURING WHILE COMMUTING TO PLACE OF WORK AND VICE-VERSA - COVERED UNDER THE ACT- New Section 51E has been inserted "51 E. An accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is established.".
Read more at: ESI Amendment Act 2010-Sailent Features- Implications - PF & ESI - Labour & Service Law
Death will be treat as on duty if it is proved that employee was heading to office as part of his duty.
17th January 2018 From India, Pune
Dear Harsh,
Can you comment on my observation about death while heading to duty point. as given above?
17th January 2018 From India, Pune
Dear Member,
Even though the provision for notional extension is available under Sec 51-C and 51-E of ESI Regulations. The casual connection and the nexus should be established that the death was occurred in connection with the duty he performed or an employment injury resulted in death. Otherwise, it is not easy to claim death benefit under ESI.
17th January 2018 From India, Madras
Dear colleague,
The poster has no where stated that the death of the person was on account of accident. He was heading for work and while he was waiting for the bus he collapsed. The death can be said to have occurred during the course of and arising out of employment and therefore, his dependents are entitled to statutory benefits if they approach the Authorities., ESI, PF and Gratuity.
Vinayak Nagarkar
17th January 2018 From India, Mumbai
1. Dear Sh. Nathrao ji, thanks for your observation as above. I may, however, submit that the theory of notional extension in respect of acceptance of outside (road) accident cases was being followed in ESIC since many years, but in the year 1996, Hon'ble Apex court decided the case of Francis De Costa vide which it was indicated by the hon'ble apex court that there is no scope of theory of notional extension in ESI Act, 1948 as it existed. Therefore, in the next amendment to above Act Section 51-E was specifically inserted in the year 2010 to make the position more clear and making it no scope for discretion for the authorities.
2. If we go through theoretical approach towards above death case, it will be more clear that there is actually no physical accident. The deceased person "collapsed" as mentioned by the initiator of this thread. Therefore, in my opinion, it is a case of total medical interpretation and findings i.e. the findings in the Post Mortom Report and the causes of death as may be certified by the appropriate hospital authorities. Accordingly, I have rightly mentioned the requirement of FIR with police authorities as well as the results as indicated in Post Mortom Report in my remarks as above. In addition, the facts like start of duty hour, the time when the deceased collapsed, availability of transport of employer, if any, direct and nearest route to the place of duty of the deceased from his residence etc. are also relevant in such cases.
17th January 2018 From India, Noida
Dear Padmakarji,
Your nephew's nominee will get benefit under Deposit Linked Insurance Fund of Provident Fund on the following grounds:
Death : Natural, Accidental, Cardio respiratory arrest, brain stroke etc.
Withdrawal of accumulated PF Contribution with interest.
ESIC: Funeral Benefit of Rs.10,000/-
Gratuity: Gratuity payment for 4 years.
You can not expect or demand any compensation from employer as per law for such cases.
18th January 2018 From India, Thane
The keen or dependant of deceased employee as the case may be file claim before ESIC through the employer.
As per post: The family of deceased shall get the benefit as per the ESIC, Section 51E Accidents happening while commuting to the place of work and vice versa. —An accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is established.
Before filing be ready with document (i)Police Fir (ii) Death certificate (iii) postmortum report (iv) Nominee or declared family members details (v) other employment details
19th January 2018 From India, Mumbai
These court decisions are worth reading in case of employee dying enroute to office and having ESIC coverage.
19th January 2018 From India, Pune
An EPF member's nominee /s are eligible for following irrespective of nature of death. 1. Pension minimum 1000/month 2. EDLI ( Employee deposit linked insurance)- 24 times average salary for the last 12 months. Salary means salary on which EPF contribution was dedcucted). Rough calculation for the pension is pensionable salary( average last 60 moths salary on which EPF contribution was deducted) X pensionable years( no of years contribution was made to EPF) divided by 70. For applying you have to use a combined application form (copy attached) routed through employer ( If he has a UAN no linked to aadhar he can submit online directly). Expect minimum pension to go considerably up during this budget, to meet an SC ruling of 2016 & EPFO's circular dated 23 Nov17. Please get the specified forms from the EPFO for this & attach to your combined application form. ESIC also allows some compensations but I don't know whether one can avail both, funeral expenses can be availed from ESIC.
Reqirements with application form: 1. Bank account single account in the name of nominee ( no joint account) in EPFO designated banks , defer from state to state but SBI is apllicable for all states) 1st page of pass book to be attached. 2. Death certificate of member. 3. Photos of nominee/s. 3 sets. I am presuming that he was un married since you are asking eligibility for his parents. If he was married his wodow & children are eligible for pension irrespective of nomination.
19th January 2018 From India, Thane

Attached Files
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File Type: pdf epf compsite form death cases Revised-Composite-Claim-Form-in-Death-Cases-F-EPS-EDLI___201708231.pdf (170.2 KB, 223 views)
File Type: pdf epf circular on full salary 230317 Pension on full salary as per SC order 23.3.2017.pdf (1.24 MB, 140 views)
File Type: pdf Form_CCF_aadhar.pdf (1,001.5 KB, 79 views)
File Type: pdf Form_CCF_nonaadhar.pdf (967.5 KB, 45 views)

Remember that in case of death pension is eligible even if he has contributed only for one month to EPF, minimum 10 years service is not applicable in death cases. No matter whether he died on duty, as on death he should be on employment. Please make sure that employer contributes even for the month of his death, though normally all employers will do that. Cause of death is not known now, in case of a motor accident , as per motor accident act victim is eligible for 10 times the average income declared in income tax return for the last 4 years. For this you have approach a lawyer specialising in death cases.
19th January 2018 From India, Thane
Dear Sir
His family Get Pf benefits,EDLI and Pension Benefits, Pls contact company HR DEPT
24th January 2018 From India, Bengaluru
Mr. Harsh Kumar Mehta is very correct. It has been decided by the Apex Court that the incumbent has to prove "during the course of employment" as per the act . Otherwise it will be deemed as natural death out of the perview of the Act.
24th January 2018 From India, Mysore
Contact HR department of company. And focus on EDLI because nomine is eligible for Rs. 6 Lakh .
10th February 2018 From India, Chandigarh
Dear colleague,
In my 18th January, 2018 post I have mentioned that Nominee / legal heir is eligible for benefit under Deposit Linked Insurance Fund.
Under this scheme the maximum benefit is Rs.6 lakhs and not just Rs.6 lakhs. It is 30 times of last 12 months average monthly salary (Basic+DA) or Rs.15,000/- whichever is lower.
Alongwith this there is also an additional maximum amount of Rs.1,50,000/- payable as a Bonus.
11th February 2018 From India, Thane
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