Dear Friend,
Please let me know what compensations are to be paid to the kin of a deceased employee who died in a road accident far away from the company. Is he entitled to any compensation under the Workmen's Compensation Act? Is gratuity payable for the remaining years until 58 years? Is any other compensation to be paid? Please reply immediately, as it needs to be cleared urgently.
Thanks,
Shiv Kumar
From India, Delhi
9Please let me know what compensations are to be paid to the kin of a deceased employee who died in a road accident far away from the company. Is he entitled to any compensation under the Workmen's Compensation Act? Is gratuity payable for the remaining years until 58 years? Is any other compensation to be paid? Please reply immediately, as it needs to be cleared urgently.
Thanks,
Shiv Kumar
From India, Delhi
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Dear,
If an accident occurred in the course of employment, then only his kin are entitled to compensation if death occurred while on duty. Gratuity will be paid for the services rendered by the individual. No compensation is legally entitled.
Regards,
JS Malik
From India, Delhi
If an accident occurred in the course of employment, then only his kin are entitled to compensation if death occurred while on duty. Gratuity will be paid for the services rendered by the individual. No compensation is legally entitled.
Regards,
JS Malik
From India, Delhi
Yes, Mr. Malik is absolutely right. If an employee dies while going home after his duty, or he is coming to the office, or he is there to perform any official work when this happens, he is eligible for compensation. "I mean if an accident occurred in the course of employment, he is eligible."
From India, Panipat
From India, Panipat
Thanks for the reply. As the accident occurred away from his office, I feel he is not entitled to any compensation. But what about gratuity? Is he entitled to the period (e.g., if he worked for 3 years) he worked in our company, or is he entitled to the remaining years until 58 years? I saw in this forum some time back that in the case of death, the employee is entitled to gratuity for the remaining years until 58 years. Please give your suggestion.
Thanks,
Shiv Kumar
From India, Delhi
Thanks,
Shiv Kumar
From India, Delhi
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 .
From India
From India
Dear Shiv Kumar,
In the case of death, the legal representatives of the deceased employee are eligible to receive gratuity. However, the gratuity will not be calculated for a projected period of 58 years; instead, 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
From India, Kannur
In the case of death, the legal representatives of the deceased employee are eligible to receive gratuity. However, the gratuity will not be calculated for a projected period of 58 years; instead, 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
From India, Kannur
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
From India, Gurgaon
From India, Gurgaon
Firstly, death has to occur in the course of employment. It does not matter if it happened far from the company premises in case he had gone for the company's work. If it was on his personal time and unrelated to the company, one need not pay the compensation, although many provide it as a compassionate gesture.
Secondly, as Mr. Madhu clearly stated, gratuity is payable since the case involves death. Therefore, the 5-year period ban is not applicable here. He will be paid gratuity for the three years he served, which amounts to about 90 days' pay.
From India, Hyderabad
Secondly, as Mr. Madhu clearly stated, gratuity is payable since the case involves death. Therefore, the 5-year period ban is not applicable here. He will be paid gratuity for the three years he served, which amounts to about 90 days' pay.
From India, Hyderabad
Compensation under the Workmen's Compensation Act of 1923 has to be paid if the death is "arising out of employment" or "during the course of employment". Whether the death occurred within the premises of the organization or not is immaterial. There are several case laws where the concept of "notional extension" is applied. For instance, an employee who, after 8 hours of hard work, leaves the premises and dies outside the main gate due to a heart attack, is also considered as a "death during the course of employment".
Secondly, the payment of gratuity is based on the clause in the Insurance-Linked Gratuity Scheme of the organization. If the gratuity includes a life insurance cover, the amount available from the insurance company can be paid. Otherwise, the payment is regulated by the Payment of Gratuity Act of 1972. This Act does not restrict any employer from paying a better or higher amount of gratuity.
From India, Madras
Secondly, the payment of gratuity is based on the clause in the Insurance-Linked Gratuity Scheme of the organization. If the gratuity includes a life insurance cover, the amount available from the insurance company can be paid. Otherwise, the payment is regulated by the Payment of Gratuity Act of 1972. This Act does not restrict any employer from paying a better or higher amount of gratuity.
From India, Madras
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