Dear Apanwaz,
I am sorry to say that we rush to give our comments/views without having hold over the subjects.You will appreciate that when such a serious query is raised by a person we really need to examine the case from all angles. I appreciate the efforts of Sh S.Kumar & Sh Adoni Suguresh,who have sought the information/details to examine the case. On subsequent clarification, we are now in a position to advise properly,which as under:-
1. Since the deceased has met an accident,outside the premises,while on the way to attend his duties, he is surely entitled for compensation. Lodge a FIR report with the Police, no matter even if no witness is there or vehicle number is not known. The employer is required to send an accident report in Form -12 under ESI (General) Regulations,1950, to the Branch office & nearest Insurance Medical Officer (IMO). The IMO shall issue a Death Certificate in Form-13 of the Regulations for claiming Dependent benefits or Funeral Expenses.
2. The PF acculations shall be payable to the nominee as recoded in the service book. If no nominee is recoded, The PF proceeds shall be equally divided amongst the members of his family.
3. You have shown your apprehension about the payment of gratuity but such cases where death occurs,the period of Five years for the eligibility is not needed.
4. All other statutory benefits,which were/are due to him shall be payable to the nominee or the dependents as thecase may be.
BS Kalsi