Harsh Kumar Mehta
Consultant In Labour Laws/hr
Nagarkar Vinayak L
Hr-consultant
Nathrao
Insolvency N Gst Professional
Suresh2511
Labour Consultant
Kshashikumar Nair
Head - Hr/administration
Arunachala Nataraj
Senior Manager -hr
Atulverma0459
Hr Executive

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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.
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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.
He will also be eligible for gratuity as per rules.
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.
Dear Harsh,
Can you comment on my observation about death while heading to duty point. as given above?
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.
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.
Regards
Vinayak Nagarkar
HR-Consultant
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.
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.
Regards,
Suresh
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
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