• Organisation deliberately killed my younger brother in Nigeria

1). My younger brother (age-35yrs) used to work for a Chennai based organization who send him to Nigeria in the year 2011.

2). All of a sudden on 1st June at around 11 pm IST we have been informed by his HR Manager that he passed away at a Public hospital in Nigeria.

3). However the company is saying several reasons for his death, sometime they are saying that he has been died of COVID-19, the other time they are saying that he has been died due 
to some breathing problem (and its definitely not for COVID-19).

4). Moreover whenever we are asking for his medical report they are either showing some lame excuse like "it's next to impossible to give you any medical report as the Nigerian Govt.
would not permit us for the same" or else they are sending some self-contradictory medical reports from where anybody can merely conclude anything.

5). In addition to this they are showing there cold shoulders in clearing his dues like PF, Gratuity or any other benefits like any term insurance done from their end to compensate 
the Victims family.

6). Despite our several requests they are not taking any measures to courier my younger brother's personal belongings. They are only saying "we are working on it and you will 
get an update on it, sooner."

7). Meanwhile in the internet we have come across a news about my younger brother's death where it has been clearly mentioned that my younger brother is a victim of Medical Negligence as
despite being several symptoms of COVID-19 have been diagnosed his organization has delayed to shift him to the hospital.

8). Moreover as per the above mentioned internet news, after he has been shifted to the hospital and being diagnosed with severe respiratory problem my younger brother has not been shifted 
to the ICU of the hospital instead the Nurse took near about 20 minute to wear the PPE kit and kept him without oxygen mask as a result to this he lost his life. We strongly suspect that this 
sheer negligence was deliberately done to take his life.

Under this circumstance please advice how could I ensure justice for my younger brother.
Asked 4 years ago in Business Law

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

29 Answers

File FIR agasint the company, preferably agasint the head of company and officer in charge. Police will remand medical report from them. Only hospital report.

IN FIR also mention that he may have killed to usurp his PF, Gratuity or any other benefits like any term insurance done from their end to compensate or not providing medical report just to avoid last benefits payable to brother heirs.

Submit complain agasint the company to ministry of external affairs also to summon medical report to ascertain exact cause of death. Your case comes under fatal accident act if organization delayed to the treatment. Medical negligence impose on doctor/hospital.

You cannot claim medical negligence against  the hospital from India, Case will file in Nigeria only.

Yogendra Singh Rajawat
Advocate, Jaipur
22647 Answers
31 Consultations

4.4 on 5.0

Issue legal notice to company to provide diagnostic reports , certified copy of death certificate, clear his outstanding dues 

 

2) if they fail to do so file suit to recover your brother outstanding dues and to provide copy of death certificate and dignostic reports regarding nature of his illness 

Ajay Sethi
Advocate, Mumbai
94774 Answers
7543 Consultations

5.0 on 5.0

I have come to know that Indian Company sent your Brother to Nigeria for employment. 

It is responsibilities of Indian Company to take due care and utmost responsibility of its employees in all aspects including medical treatment and safety of life.

Please go through the letter of appointment and its terms and conditions of employment. 

You may invoke definitely extraordinary jurisdiction of High Court for all essential purposes which you have sought through this platform and panel. 

Pl appoint an Advocate and file writ petition before High Court to seek necessary relief by making a necessary party to the Company where your Brother was employed. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

-  As per law, it is the responsibility of the Indian company to provide you the complete information regarding the unfortunate happening with your brother .

-  Further, on the happening , it is also the duty of the Indian company to immediate pay the compensation to the dependant of the deceased at the rate of 60% of the monthly wages multiplied by deceased future earnings.

- Further, he was working in Nigeria , hence the Indian company is also liable to pay insurance amount to the dependant of the deceased as well.

- Since, that company is not providing the real cause of death , hence you can contact with the Indian Embassy /Consulate of Nigeria or the Overseas Workers Resource Centre for getting full information and compensation as per rule of that country . 

- However , you should send a legal notice to the Indian company for claiming full compensation /Insurance etc and also for challenging the medical board of Nigeria. 

Mohammed Shahzad
Advocate, Delhi
13260 Answers
198 Consultations

5.0 on 5.0

You need to take the help of Indian embassy in Nigeria for the said investigation. You can do anything from India. If you need justice you need to approach Nigerian court for the same

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

The rules have been flouted in a foreign country.

Especially countries like Nigeria or other African countries  will not respond even to the issues addressed by our ministry of external affairs.

You can send a complaint about this to the ministry of home affairs including a copy to the PMO's office venting out your grievances with a request for justice to the tragic end to your brother.

You can be satisfied with whatever reliefs you may get because beyond that you may not get anything as desired owing to various factors involved in this.

T Kalaiselvan
Advocate, Vellore
84973 Answers
2204 Consultations

5.0 on 5.0

1. If you see any negligence on the part of the employer in case of both carrying out necessary precaution while sending him, then not taking proper care of and alter not divulging proper information you can take help of local police by lodging a complaint of unnatural death.

2. If your information is right then it is a good case for lodging such complaint.

3. Though it is hugely difficult task to fasten his employer with the liability of death of your bother but considering the unhumand approach taken by his company you must raise a protest to make them face the rigours of law. 

 

Devajyoti Barman
Advocate, Kolkata
22835 Answers
490 Consultations

5.0 on 5.0

File a complaint against the Nigerian government in the International cpurt of law.

File a separate complaint against the company for clearing his dues and sending his belongings to you.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. If he has died due to negligence in Nigeria then your remedies are under the legal framework in Nigeria.

2. On the basis of mere suspicion you cannot drag the employer to the court.

3. Collect evidence of negligence by the employer.

4. A suit for mandatory injunction may be filed by the heirs of your brother against the employer to  recover  PF, Gratuity or any other benefits.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The simple answer to your problem is that you have to file a writ petition in high court in this regard and by the high court order all the related documents will be submitted by the company and accordingly the benefits of gratuity and provident fund along with the compensation may be addressed by the high court in its order.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

You are suggested to inform the matter to local police, ministry of external affairs of India and Embassy of Nigeria asking the immediate relief and action against the employer. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Death in service is a form of benefit that's provided by an employer. 

you can issue a legal notice to company to provide details Medical report / death certificate issued from a hospital, Copy of detailed police report (with English translation, if report is in some other language), in case of accidental or unnatural death. 

You can file suit against company and recover Deceased brother outstanding dues . 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

File an FIR first against the company and also a claim in the workmen compensation court.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

1. First of all lodge a police complaint against the said Company for causing the death of your brother for gainful reason.

 

2. If police refuses to register FIR, file a Writ Petition against police inaction praying for a direction upon the police  to register FIR, investigate and act as per law.

 

3. In addition to the police, you should also write to the Ministry of External Affairs and add MEA and the said Company  as necessary parties and pray for an order upon them to arrange to get you the medical reports and also clear the dues. 

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

1. You should lodge FIR against organisation of your brother for causing death due to negligence.

2. Also file a civil suit to claim insurance, PF and other benefits against employer of your brother

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The company is located in Chennai. Go to their Chennai office and lodge a protest and ask for compensation as he died while on duty. Moreover if they do not respond file a criminal complaint against them and also a case for compensation for death due to negligence. 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can file poluce complaint in WB but if police refuse to lodge FIR then file police  complaint in Chennai 

Ajay Sethi
Advocate, Mumbai
94774 Answers
7543 Consultations

5.0 on 5.0

Yu can lodge complaint in West Bengal since where he was born and brought up. Later on the FIR would be transferred if  need arises to other place inducing Chennai. 

Feel free to contact for further help. 

Devajyoti Barman
Advocate, Kolkata
22835 Answers
490 Consultations

5.0 on 5.0

File FIR from your place. Since crime is committed out of India, FIR can be file from native place.

If police refused, file complaint through court.

Yogendra Singh Rajawat
Advocate, Jaipur
22647 Answers
31 Consultations

4.4 on 5.0

Definitely it is Jurisdiction of Chennai Police Station under whose jurisdiction the office of Company comes under whose employment your brother was sent foreign Country for the employment. 

The Jurisdiction is always decided as per the provisions of Law.

The Company is registered as legal entity at Chennai and letter of appointment was issued from Chennai, your brother reported for duty at Chennai and finally he was sent to Foreign Country from Chennai .

Hence Chennai Police Station Jurisdiction as per precedence and provisions of Law enforceable 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. Your brother was employed by a Chennai based company at Chennai.

 

2. For the above reason, the police complaint shall have to be lodged at Chennai police station.

 

3. Had your brother been employed by/through the branch of the Chennai based Company opened in West Bengal, you could have lodged the complaint at the related police station at West Bengal.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

If you want to make an effective complaint against his office then you may better approach the police station within which his office falls. 

The police station of his home town may receive the complaint but then they may forward it to the Chennai police only for jurisdictional limits.

T Kalaiselvan
Advocate, Vellore
84973 Answers
2204 Consultations

5.0 on 5.0

File Complaint before Chennai Police station under whose jurisdiction of the office location comes Under. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You need to approach the Nigerian court or police station. Indian authority will not have the jurisdiction

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

File the complaint at Chennai police station. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

You are suggested to file written police complaint at your place giving copies to SSP, DGP and MEA and all concerned authorities.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Criminal case is not made out in India in the first place if he died outside India, yet if you want to file complaint it can be filed in the police station within whose jurisdiction he resided in India.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You must lodge the fir in west Bengal as he will be brought there after his death and it would be convenient for you too.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

- You can file the complaint in west Bengal  as well , and the police is bound to take legal action through the police station based in company jurisdiction in Chennai . 

- It will be the Police Station under whose jurisdiction your younger brother's home town belongs to.

Mohammed Shahzad
Advocate, Delhi
13260 Answers
198 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer