Sir i had a small hotel like open space and we put some table and chair and we cover a hotel with sheet it look like shed hotel the master who are working in my hotel he is death at 12.30 of night at heart attack during rest time he dead.then his family ask a compensation for that he died because of restless work and due to stove smoke he dead they told like that but truth are we gave 10 hours work after the work he is free then then our hotel is open space and already we fixed exhaused fan and also that master took leave for every 2 month once of 15 days.he worked in my hotel of 6 month we gave salary 27000 per month 1.is it possible to win this case ?. 2 if i need to pay any compensation ?
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It's depend on postmortem report and statement and panchnama.
There is a legal obligation on you to pay since employee died while on duty. There is a mechanism for calculating the compensation. It is usually not very high. It is better you pay rather than spend money on court case. Payment of compensation will also earn you goodwill among your other employees and also from family of deceased employee.
Dear Client,
What medical reports says ? reason of heart attack ? If the employees were stays in hotel only after work hours than it shall be consider under employment. Well, you were liable to compensate him if he had died due to employer negligence, which is not in this case.
If you had employee insurance. The policy covers statutory liability of an employer for death or bodily injuries caused to employees due to accidents arising out of and during the course of employment.
Heart attack is not an accident.
It is possible to win the case as it is a clear case of natural death for which no compensation amount has to be paid. If the death would have been caused due to operating some machinery or while on duty then compensation amount had to be paid to him
Also the time of death was after the working hours when the employee was resting you are not liable to pay any compensation to him.
Collect documentary evidence to prove your statements so as to make a stronger case.
we gave a seperate house to stay employee ,we and employees are staying same house only our family stayed on first floor and employees stayed ground floor and the postmortem report says he died due to heart attack and we dont file any insurance and now i droped the hotel bussiness last 2 months then what are the documents need for that case ?
Documents required would be:
Attendance register showing the time of entry and exit of the employees to prove that they were not made to work beyond permissible working hours.
Records of salary transfers to the deceased employee's account should be filed.
Photographs of the place where the deceased resided.
Evidence to show his leaves of 15 days every 2 months.
Postmortem report.
Compensation would be payable only if the injury is caused to a workman by accident arising out of and in the course of his employment.The Supreme Court has held that dependents of a workman, who dies due to heart attack or other natural health reasons, are not entitled to compensation.
You are liable to pay compensation to his family as he died during course of employment
IF you have provided separate accommodation away from hotel, than such death will not consider under the employment or accidental death while on work. No compensation payable.
Whatever you are paying that does not mean that criminal proceedings will not be attracted or you may run from your liabilities as an employer so I suggest that to have out of court settlement in the matter.
If he has died on duty without Appropriate safety measures then you will liable to pay compensation other wise no compensation
1. Their demand is exorbitant and you can challenge the same properly.
2. You can pay consideration amount out of humanitarian grounds and not on demand, let the court decide compensation to your employee
It is for the complainant to prove their case with documentary proofs, you can secure certain documents to defend your interests.