Tragic Accident: Can Ramu's Family Claim Compensation for His Death While on Duty?

Ramu, a daily wage laborer, 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 nearby hospital, but unfortunately, Ramu was declared 'dead on arrival'.

Compensation under liability insurance

In your opinion, was Ramu's family entitled to any compensation under a liability insurance? If so, please explain.

Other potential claims

Is there any other claim that can be made by Ramu's family? If so, please explain.

Compensation for Death of a Contract Laborer

This seems to be a case of the death of a contract laborer 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 EC Act, 1923.

Better yet, 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.

Compensation Entitlements for the Late Ramu

The response by Shri. Umakanthan is correct. When the late Ramu was not covered or coverable under ESIS, it is accurate. The late Ramu was employed by a contractor under PE NMDC. The establishment of PE NMDC must have been covered under ESIS. The late Ramu must have been covered under ESIS & PF. Both ESIS & PF are mandatory schemes for individuals like the late Ramu.

Claims Under ESIS and EC Act

If the late Ramu was covered or coverable by ESIS, then the claim under the EC Act will not be entertained, and the claim under ESIS should be filed. If the late Ramu was coverable under ESIS but not covered by his employer, the matter will become complicated, and the legal heir will face hardships in obtaining compensation.

Advice for Legal Heirs

In this case, my advice is that the legal heir of the late Ramu should prepare a claim under the Motor Vehicle Act. However, it should be noted that one cannot claim under both the EC Act & MV Act. The widow of the late Ramu is also entitled to a widow's pension and insurance under EDLI if the late Ramu was covered or coverable under the EPF Act.

Compensation for Deceased Employee's Family

The family member of a deceased employee is entitled to receive compensation from the employer if not covered under ESI. The opinions of Mr. Umakanthanji and Mr. Koregaonkar are justified and should be followed for claiming compensation from any of the agencies (ESI, WC & MV).

All the necessary documents (FIR, post-mortem report, death certificate, and certificate of legal heir) need to be provided to the office of the employer/principal employer for processing the claim under WC, as well as for claiming EDLI & pension from EPFO.