My brother died on 12-Dec-12 early morning and was working in his private IT company approx 4 hours before he died.His age was 33 and he was visibily healthy, lean and thin,with absolutely no previous history of any desease.He developed some visible complications while he was in office and there was complete medical negligence from mangment and proper care was not given to him for hours spent in office and he continued working there till 10:00 PM .Within 4 hours of exiting the office his condition deteriorated while he reached back home and turned un-concious , when I took him to hospital he died on the way to hospital ,where he was declared brought dead.Panchnama filed that time gave the understanding that the reason of death was Cardiac Arrest. Autopsy report says reason of death cannot be asertained.
I have series of question specially pertaining to Group Accidental Policy of the company and the compensation to be prvided to my parents in this case:
1. Company is denying the fulll payment under accidental coverage stating that this is a natural death and it is not a accidental one. My question is if the PM report is not clear regarding the cause of death ,can this be considered as Natural death, i.e. dying at the age of 33 without any previous history of any complications or desesase? Is this not an accident? Should I go ahead and dispute this?
2. If I need to dispute What are the Channels through which I can dispute? Should I dispute the Organization and Insurance Company both, I am new to legal things,any help will suffice.
3. OR Can I ask the organization to pay the compensation for medical negligence on there part if the insurance company is not paying.
4.Is there any Act or LAW which can help me get some insights.
5. Should I hire a lawyer?
6. Do i need to file the FIR to get the relevant documents from Police in this case, Can I get the "Inquest Report" from Police without filing an FIR.?