1. #1
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    Can a family claim compensation for a person who died after leaving the office but before reaching home?

    One of our employees died in the road accident after leaving the office and before reaching home. The family of the employee is claiming the death compensation from the company he worked. Can a family do that? Under what circumstance can a employees death compensation claimed? What the different scenario available?

  2. #2
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    Re: Can a family claim compensation for a person who died after leaving the office but before reaching home?

    An employee who met with an accident after leaving the office and before reaching home is entitled to get compensation under workmen compensation Act. In the accident if the employees dies then the family of the employee is entitled to compensation under workmen compensation Act.

    Even though he met with an accident after his duty, since he was going to his home after his work that is also considered to be death during the course of employment. He or his dependent is liable to get compensation under Workmen Compensation Act.

    Suppose if after the work the employee has reached the home and after that when he was moving from his house to another area and he met with an accident. Then this is not an accident during the course of the employment and he is not entitled to any compensation.

    Then suppose he met with an accident when he was going to the work place from his house, in that case it is an accident during the course of the employment and he is entitled to the compensation under workmen compensation Act. Because the intention of the deceased or injured person was to go to work.

    Following are some of the judgment which says that the above said incidents are during the course of the employment.

    The Divisional Controller, North ... vs Sangamma And Ors-by karnataka high court
    Indian Rare Earths Ltd. vs Subaida Beevi- By kerala High court
    [FONT=georgia, verdana, sans-serif]Mackinnon Mackenzie & Co. Pvt. Ltd vs Ibrahim Mahommed Issak-by Supreme court of india[/FONT]
    Smt. Mallawwa Etc. vs The Oriental Insurance Co. Ltd.-by Supreme court of india
    Dr. T. V. Jose.. Appellant vs Chacko P. M. Alias Thankachan - Supreme court of india
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