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AjaySharma (HR Manager)     26 November 2008

W.C. Claim Case

Dear All,

One employee died during the course of employment due to electric shock it was happened on saturday night in 3rd shift, Panchnama of the same is being done but cooleagues of the deceased was not ready for postmartum and same was not done, No FIR was lodged, latter on insurance claim was lodged to United India Insurance Co Ltd and same has refused on the ground that there is no FIR and No Postmortum report so cause of death is not certen hence calim is not payable..... Please advice what i do.......... 



Learning

 6 Replies

K.C.Suresh (Advocate)     27 November 2008

No FIR or postmortem may be a reason to reject the claim. But not the sole reason. Cause of death can be proved only by postmortem in unnatural deaths. In the case of electrocution postmortem is the best to find the cause of death. your case is answered negatively unless proof to be furnished for the cause of death.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     27 November 2008

Although I fully endorse the view that postmortem as well as FIR  essential in such cases, kindly note that courts in our country are generally going out of way to  compensate the legal heirs of the  unfortunate victims in such cases. Therefore, even in the absence of such viable documentary evidence, the the case is decided against the insurance company, you may not be surprised.

AjaySharma (HR Manager)     29 November 2008

Respected A.A. Jose,


Can you refer me few similer cases .......which is decided by Hon'ble courts ...Ajaay

Saravana Rajan   01 December 2008

Being such a deadly accident in the premise, how come this was not brought to the ESI & Labour officials notice? This may lead to confusions. Though the intension is basically to provide the benefit to the heir of the deceased, norms to have been followed have not been followed. 


In this case, only the insurance agency has to take a call. There may not be any legal remeady for this, I guess.


Saravana Rajan. S 

Vikas Kr. Sinha (Labour Lawyer Ranchi Jharkhand)     13 December 2008

Dear Ajay,

Under W.C Act, Accident and Death is required to be proved. For this purpose Postmortem report and FIR are the best documents. But in absence of that, if the company is a factory then there must be an Accident Report duly certified by the Factories Inspector, this documents is also admissible as a good evidence in W.C. Act.

In any case, if the accident and death in course and out of an employment is proved by virtue of any evidence, then the dependants become eligible for compensation under the Act. The first liability is upon the management to give compensation.

If the W.C. Commissioner has already rejected the case against Insurance Company, the management may file an appeal before the Hon'ble High Court as provided under the Act.

Vikas Kr. Sinha (Labour Lawyer Ranchi Jharkhand)     13 December 2008

Dear Ajay,

Under W.C Act, Accident and Death is required to be proved. For this purpose Postmortem report and FIR are the best documents. But in absence of that, if the company is a factory then there must be an Accident Report duly certified by the Factories Inspector, this documents is also admissible as a good evidence in W.C. Act.

In any case, if the accident and death in course and out of an employment is proved by virtue of any evidence, then the dependants become eligible for compensation under the Act. The first liability is upon the management to give compensation.

If the W.C. Commissioner has already rejected the case against Insurance Company, the management may file an appeal before the Hon'ble High Court as provided under the Act.

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