Dear client, 

Statement of deceased is final and shall be consider as dying declaration. If he has accepted that accident was due to his mistake than no case made out. Next due mechanical report of machines should be there by independent agency and find machines perfeft than no culpability of owner.

If you have insurance than ask them to claim under workmen compensation act. And in my opinion, his family should be compensated by you but make sure it should as part of generosity and not settlement.

Yes of course criminal prosecution may be launched against you, but given statement to the police and affidavit can't stop the further investigation so better is call them and go for a written settlement through labour department, then no chance for further disturbance.

Dear Sir,

- There are criteria whether your unit comes under the Factory act or not in terms of the strength of total labor

- In-case yes, than you are liable for certain liabilities in terms of certification and towards labor i.e whether the person died was skilled labor to handle the machinery or not.

- Companies define under Factory Act are liable for the compensation and in-case found guilty and shall be liable for legal action too.

- You shall be required to contest the case at Labor court.

- You may connect in-case needed any support with complete details of the case.

Regards

Vivek Arya 

1) You can give compensation as per Industrial Disputes Act and Workman compensation Act.

2) If you read all this with death employee at work place during working hours. Kindly select all formalities and than pay compensation to deceased family.

3) I can prepare compensation agreement so they couldn't file any case against you.

1) you should pay compensation to worker family 

2) there would not be any criminal prosecution 

If there is no statement of victim made under section 164 CRPC then Criminal Case may be filed and police will investigate the matter an affidavit by madly getting notarized may not help you to escape the payment of compensation as the person has died on duty in your factory safety measures should have been taken appropriately to avoid any incident in such kind and he should be compensated as per the Factories Act for the accidental death in the factory

No such guarantee.

Dear Sir,

- Having said earlier, please check under which category your unit comes.

- The compensation has to be in line of approved calculation as specified by Govt under Workman Compensation Act. 

- If the compensation is paid, there would be no issue provided it is settle properly.

Regards

Vivek Arya

Obtain in writing that  x amount is paid in full and final settlement 

The Workmen's Compensation Act, 1923

The compensation to be paid by the employer for
injuries caused depend on extent of the disablement
suffered by the worker; more severe disablements naturally receive
higher compensation.
This has been categorised as follows:
Compensation payable in case of:
1) Death;
2) Disablement
(a) Permanent total disablement;
(b) Permanent partial Disablement
(c) Temporary disablement-
(i) Temporary total disablement;
(ii) Temporary partial disablement.
In addition, the guiding principle is, the higher the age of the injured
worker, the lower the compensation.
What is the basis of calculation of the amount of
compensation?
Wages are the basis for amount of compensation paid. Two workers
earning different salaries therefore will get different amounts of
compensation even though the injury they suffered might be
identical. Compensation under this Act is calculated on the basis
of the monthly wage received by the worker. According to this Act,
it is the amount of wages which would be payable for a month’s
service - i.e. irrespective of whether the worker is paid on a daily,
weekly or piece rate basis. For method of calculating ‘monthly
wages’ see Annexure 1.
Note: Wages: is defined as the privilege or benefit which is
measurable in terms of money other than any travel allowance, or
provident fund or any other special benefit claimable by the worker,
during the course of his employmen

Deciding Compensation

Compensation to be calculated on the basis of the
minimum wage, if notified
Where a worker received a monthly wage less than what is
prescribed under the Minimum Wages Act, 1948, s/he would be
deemed to be drawing the monthly wages as prescribed by the Act
for the purposes of calculating compensation. .

There is no guarantee for the same. You can execute an affidavit for the same and it can be notarized. Money can be paid through banking channel. Still there is no guarantee for the same that they will not file any case. It's better if they file any case and you settle the same before court. They can't blackmail you before court

Once you get signed from them compensation agreement against the accident all details fact of the case will be mentioned in it and compensation will be paid accordingly act.

what is the value of affidavit given by a person who was burnt (you know the degree of burn) to such extent that he dies later on due to said burn? NO VALUE

there are full chances of initiation of criminal action against the owner/manager by the police once any complaint reached them.

you are advised to settle the matter amicably by making a payment of adequate amount and further advised to make the payment, to the legal heirs, in the office of concerned ALC to avoid future legal complications.

Going for a settlement before the authority will dilute the matter so don't delay go for that.

1. As per the information mentioned in the present query, makes it clear that you have already paid the medical expenses and also ready for any compensation if they demand for, but do not wish to have any false case against you.
2. When there has already a case closed on their statement then now they can’t even think of changing their statement.
3. If they do so then they won’t be succeeded for sure, and yes if they demand any compensation then you should give the same which otheriwse court would also allow.

The legal heirs may be demanding some compensation or else they will threaten to reopen the case etc.

However since the police have filed a closure report and the same has been accepted by court in my opinion, the threat about filing fresh case or reopening the previous case by the legal heirs may not be maintainable.

However you may arrange for some compensation and get an undertaking from them duly notarised that they will not claim anything in future including the case.

No doubt this may not be enforceable in law but this may give them a fear to reopen the issue in future.

There is no guarantee on this, however if they go to labor court then you may produce the agreement  and undertaking given by them, so that the court will decide accordingly on the subject matter.