Umakanthan53
Labour Law & Hr Consultant
Korgaonkar K A
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Ramu, a daily wage labourer is employed by xxx associates who have been commissioned by NDMC to water the plants in the roundabouts of new delhi. one day, near the shanti path roundabouts in chanakyapuri when ramu was crossing the road during his daily watering routine, he was knocked down by a Tata safari owned and driven by Mr.khanna. Mr.khanna rushed ramu to a hospital near by but unfortunately, Ramu was declared 'dead on arrival'.
In your opinion, was ramu's family entitled to any compensation under a liability insurance? if so,please explain.
is there any other claim that can be made by ramu's family ?if so,please explain.
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This seems to be a case of death of a contract labor arising out of an employment accident. Therefore, the dependents of the deceased can file a claim for compensation under the Employees Compensation Act,1923 against the principal employer NMDC and the contractor XXX Associates before the respective Commissioner for Compensation under the ECAct,1923. Better, let the claimants engage the services of a Counsel or approach the Free Legal Services Cell functioning under the District Court immediately with documents of employment, if any available, FIR, Post mortem and death certificates, legal heir certificate etc.
Dear Friend,
Answer by Shri. Umakanthan is right when late Ramu was not covered or coverable under ESIS.
The late Ramu was employed by contractor under PE NMDC.
The establishment of PE NMDC must have covered under ESIS. The late Ramu must have covered under ESIS & PF. Both the schemes ESIS & PF are mandatory to person like late Ramu.
If late Ramu was covered or coverable by ESIS, then the claim under EC Act will not be entertained. The claim under ESIS should be filed.
If late Ramu was coverable under ESIS but was not covered by his employer, then the matter will be complicated and the legal heir will be under hardship to get the compensation.
My advise in this case is that the legal heir of Late Ramu should prepare a claim under Motor Vehicle Act. However, please be noted that one can not have claim under both EC Act & MV Act.
Widow of late Ramu is also entitle to Widow pension, insurance under EDLI, if late Ramu was covered or Coverable under EPF Act.
Dear Friend,
The family member of deceased employee is entitiled to get compensation from his employer, if not covered under ESI.
The opinion of Mr. Umakanthanji and Mr Koregaonkar is justified and to follow for claim of the compensation from any of the agency (ESI,WC & MV).
It needs to provide all the documents (FIR,Post-mortum report, Death certificate and certificate of legal heir) in the office of the employer/principal employer for processing of claim under WC as well as claim of EDLI & pension from EPFO.
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