my brother in law passed away in recent pratapgarh hotel fire incident. he was employed with indira gandhi eye hospital lucknow as a program manager. is he entitled for compensation under workman compensation act 1923.
pls share your valuable comments at the earliest. it would be a great favour.
From India, Delhi
pls share your valuable comments at the earliest. it would be a great favour.
From India, Delhi
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
6018From India, Salem
sir it was on national news of 20 june 2015, a fire broke in pratapgarh hotel (allahabad) killing 10 people, my brother in law Mr.Satyavrat was employed with Indira gandhi eye hospital lucknow as program manager, he was on an official visit when this incident occured.
From India, Delhi
From India, Delhi
sir this happened on 20th of this month it was a national news that a fire broke in a pratapgarh hotel killing 10 people.my brother in law was amongst them , he was working as proggram manager in Indira gandhi eye hospital lucknow and was on an official visit.
From India, Delhi
From India, Delhi
sir , this happened on 20th of this month and was on a 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 program manager in Indira gandhi eye hospital lucknow on contract basis. he was on official visit when this incident happened.
From India, Delhi
From India, Delhi
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
From India, Pune
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
From India, Pune
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
From India, Delhi
Mr.Tiwari,
Our condolences to you all breved. I have not fully understood the impact of (if any) your repeated use of a term 'he was on an official visit'. What you try to convey here. Was he on duty during the fire accident which killed him or he was not on duty but visited the place of accident and was trapped and succumbed to the injuries sustained or he had to be present there to discharge certain official duty at the scene of accident or... Can you please clarify this point. Sorry for raising these but before giving my opinion I try to make myself clear about the incident.
From India, Bangalore
Our condolences to you all breved. I have not fully understood the impact of (if any) your repeated use of a term 'he was on an official visit'. What you try to convey here. Was he on duty during the fire accident which killed him or he was not on duty but visited the place of accident and was trapped and succumbed to the injuries sustained or he had to be present there to discharge certain official duty at the scene of accident or... Can you please clarify this point. Sorry for raising these but before giving my opinion I try to make myself clear about the incident.
From India, Bangalore
Dear Tiwari,
While sincerely sharing your grief, I would like to convey my views about the entitlement of your deceased BiL for compensation under the Employees Compensation Act,1923 from my own experience as a Commissioner under the Act.
The definition of 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 Raiways 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 ------ of the crew of a ship
(b) a captain ----- of an aircraft
(c) a person recruited as 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 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; "
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 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 BiL's nature of work in the list.
From India, Salem
While sincerely sharing your grief, I would like to convey my views about the entitlement of your deceased BiL for compensation under the Employees Compensation Act,1923 from my own experience as a Commissioner under the Act.
The definition of 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 Raiways 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 ------ of the crew of a ship
(b) a captain ----- of an aircraft
(c) a person recruited as 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 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; "
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 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 BiL's nature of work in the list.
From India, Salem
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