Compensation For Death Away From Work - PDF Download

Dear Friend,
Please let me know what are the compensations to be paid to the kin of deceased employee who died in a road accident far away from the company. Is he entitled for any compensation under work men compensation act? Is gratuty is payable for remaining years till 58 years? Is any other compensation to be paid? Please reply immediately, as it is to be cleared urgently.
Thanks,
shiv kumar

dear
if accident occured in the course of employment than only his kins are entitle forcompensation if death occured while on duty.gratuity will be paid for the services renendered by individual.no compensation legally entitkle.
regards
js malik

yes, mr Malik is absolutely right if employee died while going home after his duty or he is coming to office or he is there to perform any official work when this happen he is eligible for compensation
" i mean if accident occured on course of employment he is eligible"

Thanks for the reply. As the accident occured away from his office, I feel he is not entitled for any compensation. But What about gratuity, whether he is entitled for the period (eg.: if he worked for 3 years)he worked in our company or he is entitled for remaining years till 58 yrs. I saw in this forum some time back that in case of death, employee is entitled for gratuity for remaining years till 58 years. Pleas give ur suggestion.
Thanks,
shiv KUmar

dear Sir,
if the managemnt applied for any group graduty sheme with any insurence company for such benefit is entitled under the sheme. In other case the actual service only caluculated .

Dear Shiv Kumar,
In case of death, the legal representatives of the deceased employee is eligible to get gratuity but that will not be calculated for a projected period of 58 years but it will be limited to his actual service. In death cases the only difference is that the gratuity accrues even if the employee had not completed the qualifying service of five years.
Regards,
Madhu.T.K

Dear all,
please clear it, five yrs completion is req or not , if an employee hv not complete 5 yr, he died in 3rd yr of his services, what is the position now ? . . . .
Naresh

Firstly, death has to be in the course of employment. It does not matter if it had been far from the company premises incase he had gone for company's work. If it was on his personal work and nothing related to the company one need not pay the compensation, though many give it as a compassionate case.
Secondly, as Mr. Madhu clearly said, gratuity is payable since the case is of death. So the 5 yr period ban is not applicable here. He will be paid gratuity for the period of 3 years he served. That is about 90 days pay.

Compensation under Workmen Compensation Act 1923 has to be paid if the death is "arising out of employment" or "during the course of employment". Death happened within the premises of the organisation or not is immaterial. There are several case laws wherein "notional extension " is applied. An employee, after 8 hours of hard work, leaves the premises and dies outside the main gate due to a heart attack also is considered as "death during the course of employment".
Secondly, payment of gratuity is based on the clause in the Insurance Linked Gratuity Scheme of the organsiation. If the gratuity is having a life insuance cover also, the amount as available from the insuance co can be paid. Otherwise, as per payment of Gratuity Act 1972. Payment of Gratuity Act 1972 does not restrict any employer in paying better or higher amount of gratuity.

thank you very much for valuable suggestion
thank you
but on humanity grounds one should pay all dues may he is only hand of earning i remember a supreme court judgment on this
please clarify