Ex-Gratia to a Contract Employee who died

Balaram (Querist) 05 August 2008 This query is : Resolved
Dear All,

We have a workshop where we have employed a security agency which is paying pf,esi regularly for their guards who safeguard our site.

Unfortunately, recently one Lorry hit resulted into his death ( wall collapsed and fallen on him).

Do we need to pay legally anything to him ?
Those are forcing us to pay 50k /

Please clafify.

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H. S. Thukral (Expert) 05 August 2008
LR.s of the deceased workmen are entitiled to compensation under either of the workmen's Compensation Act/ ESI Act . But it is the liability of the contractor in the first instance since the workman belonged to him. You legally are not liable to pay any amount. Since the workman was covered under ESI, the compensation amount shall be payable by ESIC. Beside that dependents of deceased workman shall also get an amount under EPF Rules beside regular pension.