My brother-in-law passed away in a recent Pratapgarh hotel fire incident. He was employed with Indira Gandhi Eye Hospital, Lucknow, as a program manager. Is he entitled to compensation under the Workmen's Compensation Act, 1923? Please share your valuable comments at the earliest. It would be a great favor.
From India, Delhi
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From India, Delhi
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Will you pl give a detailed account of the accident, the deceased’s nature of the job and it’s connection with the accident?
From India, Salem
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6108From India, Salem
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Sir, it was on national news of 20 June 2015 when a fire broke out in Pratapgarh hotel (Allahabad), killing 10 people. My brother-in-law, Mr. Satyavrat, was employed with Indira Gandhi Eye Hospital Lucknow as a program manager. He was on an official visit when this incident occurred.
From India, Delhi
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From India, Delhi
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Sir, this happened on the 20th of this month. It was a national news that a fire broke out in a Pratapgarh hotel, killing 10 people. My brother-in-law was among them. He was working as a program manager at the Indira Gandhi Eye Hospital in Lucknow and was on an official visit.
From India, Delhi
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From India, Delhi
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Sir, this happened on the 20th of this month and was on national news that a fire broke out in Pratapgarh Hospital, killing 10 people, including my brother-in-law. My brother-in-law, Mr. Satyavrat, was working as a program manager at Indira Gandhi Eye Hospital, Lucknow, on a contract basis. He was on an official visit when this incident happened.
From India, Delhi
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From India, Delhi
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The deceased person was an employee on official duty. He would be entitled for compensation as per his organisation policy. Have you spoken to his employer? My condolence on this unfortunate death.
From India, Pune
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From India, Pune
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Yes; he died during the course of employment since he was on official visit. He would be covered under employee (workmen) compensation act, unless he is covered already under ESI Act. A S Bhat
From India, Pune
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From India, Pune
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sir will he be eligible under workman compensation act 1923. his basic salary was 52,000 and he was working on contractual basis. he was working in this organisation for last 1 year
From India, Delhi
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From India, Delhi
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Our deepest condolences to you and your family. I have not fully understood the impact, if any, of your repeated use of the term 'he was on an official visit.' What are you trying to convey here? Was he on duty during the fire accident that led to his death, or was he not on duty but visiting the accident site and got trapped, eventually succumbing to his injuries? Or was he required to be present there to fulfill certain official duties at the scene of the accident?
Could you please clarify this point for me? I apologize for these questions, but I want to ensure I have a clear understanding of the incident before sharing my opinion.
Sincerely,
Regards
From India, Bangalore
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Could you please clarify this point for me? I apologize for these questions, but I want to ensure I have a clear understanding of the incident before sharing my opinion.
Sincerely,
Regards
From India, Bangalore
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Dear Tiwari, While sincerely sharing your grief, I would like to convey my views about the entitlement of your deceased brother-in-law for compensation under the Employees Compensation Act, 1923, from my own experience as a Commissioner under the Act.
Definition of an Employee under the Act
The definition of an employee under the Act stands as of now:
"Sec.2(1)(dd) 'employee' means a person who is:
(i) a railway servant as defined in cl. (34) of sec. 2 of the Railways Act, 1989, not permanently employed in any administrative district or sub-divisional office of a railway and not employed in any such capacity as is specified in Schedule II; OR
(ii) (a) a master, seaman, or other member of the crew of a ship
(b) a captain of an aircraft
(c) a person recruited as a driver in connection with a motor vehicle
(d) a person recruited for work abroad; or
(iii) employed in any such capacity as is specified in Schedule II, whether the contract of employment was made before or after the passing of this Act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the Armed Forces of the Union; and any reference to any employee who has been injured shall, where the employee is dead, include a reference to his dependants or any of them;"
Entitlement for Compensation
So, what is important for entitling a person for compensation for any employment injury or death due to an accident arising out of and in the course of his employment is his employment and its capacity as set out in Schedule II of the Act, which contains the list of persons who, subject to the provisions of Sec. 2(1)(dd), are included in the definition of an employee.
It is to be borne in mind that the list is not illustrative but exhaustive.
Unfortunately, I am not able to find your deceased brother-in-law's nature of work on the list.
Regards
From India, Salem
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Definition of an Employee under the Act
The definition of an employee under the Act stands as of now:
"Sec.2(1)(dd) 'employee' means a person who is:
(i) a railway servant as defined in cl. (34) of sec. 2 of the Railways Act, 1989, not permanently employed in any administrative district or sub-divisional office of a railway and not employed in any such capacity as is specified in Schedule II; OR
(ii) (a) a master, seaman, or other member of the crew of a ship
(b) a captain of an aircraft
(c) a person recruited as a driver in connection with a motor vehicle
(d) a person recruited for work abroad; or
(iii) employed in any such capacity as is specified in Schedule II, whether the contract of employment was made before or after the passing of this Act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the Armed Forces of the Union; and any reference to any employee who has been injured shall, where the employee is dead, include a reference to his dependants or any of them;"
Entitlement for Compensation
So, what is important for entitling a person for compensation for any employment injury or death due to an accident arising out of and in the course of his employment is his employment and its capacity as set out in Schedule II of the Act, which contains the list of persons who, subject to the provisions of Sec. 2(1)(dd), are included in the definition of an employee.
It is to be borne in mind that the list is not illustrative but exhaustive.
Unfortunately, I am not able to find your deceased brother-in-law's nature of work on the list.
Regards
From India, Salem
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Duty of Care and Liability in Hotel Incidents
The owner of the premises or occupier owes a duty to the general public and visitors to ensure that the place is safe from hazards. Did the hotel have an NOC from the local fire department?
The hotel owner can be held responsible for negligence and will have to compensate the deceased for the consequences resulting from the fire and the death of the person staying in the hotel. Tortious liability attaches to hotel owners. It must be understood that the hotel owed a duty to ensure the safety of customers, and having failed therein, must be held to have been negligent in ensuring that no fire takes place.
If the person is not entitled under the Employees' Compensation Act, the heirs of the unfortunate deceased can sue the hotel and recover damages/compensation. The law always provides remedies. The hotel had a duty of care towards its customers; a clear breach is seen when a fire broke out and damage occurred due to the unfortunate death of a customer.
In normal circumstances, the hotel becomes liable to compensate. I think this is the unfortunate accident referred to: http://abbtakk.tv/en/india-10-killed...bgarh19062015/
From India, Pune
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The owner of the premises or occupier owes a duty to the general public and visitors to ensure that the place is safe from hazards. Did the hotel have an NOC from the local fire department?
The hotel owner can be held responsible for negligence and will have to compensate the deceased for the consequences resulting from the fire and the death of the person staying in the hotel. Tortious liability attaches to hotel owners. It must be understood that the hotel owed a duty to ensure the safety of customers, and having failed therein, must be held to have been negligent in ensuring that no fire takes place.
If the person is not entitled under the Employees' Compensation Act, the heirs of the unfortunate deceased can sue the hotel and recover damages/compensation. The law always provides remedies. The hotel had a duty of care towards its customers; a clear breach is seen when a fire broke out and damage occurred due to the unfortunate death of a customer.
In normal circumstances, the hotel becomes liable to compensate. I think this is the unfortunate accident referred to: http://abbtakk.tv/en/india-10-killed...bgarh19062015/
From India, Pune
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nathrao sir , thanks for your answer .yes it is the same news. i would like to ask you, will the organisation whose employee the victim was will be liable for any compensation.
From India, Delhi
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From India, Delhi
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Thanks, Umakanthan sir. So, will he be liable for any form of compensation by the organization? He worked at Indira Gandhi Eye Hospital in Lucknow. It is a trust with Sonia Gandhi and Rahul Gandhi as its trustees.
From India, Delhi
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From India, Delhi
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Mr. Tiwari,
Please check with the organization concerned. There must be some insurance policy/coverage for employees not falling under the Employees' Compensation Act. The government has offered some compensation anyway. Of course, I do realize that money cannot compensate for the loss of a life.
From India, Pune
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Please check with the organization concerned. There must be some insurance policy/coverage for employees not falling under the Employees' Compensation Act. The government has offered some compensation anyway. Of course, I do realize that money cannot compensate for the loss of a life.
From India, Pune
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Employee's Compensation Act-2009.pdf
EMPLOYER COMPENSATION AS PER W.C. ACT.doc