Mohali panel raps ESIC, orders benefit to widows
Mohali, Feb. 2 -- The district consumer disputes redressal commission, Mohali, held the Employees' State Insurance Corporation (ESIC), including its regional director, Chandigarh, and branch manager, Mohali, guilty of deficiency in service in two separate death cases.
The commission directed ESIC to release dependents' benefits along with compensation to the widows of two insured workers.
The commission ordered ESIC to pay a monthly dependents' pension equal to 90 per cent of wages, with 9 per cent interest from the date of death, to be released within 30 days.
In case of failure, the amount will carry 12 per cent interest from the date of death. Additionally, Rs.35,000 was awarded in each case as compensation for mental agony, harassment and litigation expenses.
In the first case, late Ram Singh, an employee of M/s A&M Technologies, Mohali, was a registered member of the ESI scheme and was making regular contributions despite drawing meagre wages.
On October 30, 2021, while on duty, his health deteriorated and he was taken to an ESI Hospital.
He was later referred to Indus Hospital, Mohali, where he died during treatment on October 31, 2021.
Although the death was duly reported online to the local ESIC office, the regional office, Chandigarh, rejected the claim of employment injury on March 11, 2022. Aggrieved by the decision, Singh's widow filed a consumer complaint before the district consumer commission.
After hearing both sides, commission president SK Aggarwal allowed the complaint and directed the ESIC authorities to release all admissible dependents' benefits from the date of death along with interest and compensation.
In the second case, late Hari Shankar, who had been employed with M/s Swani Rubber Industries, Mohali, since April 1, 1998, collapsed at his workplace on March 16, 2021, and became unconscious. He was taken to ESI Hospital, Mohali, and later referred to Indus Hospital and subsequently to Fortis Hospital, Mohali, where he died on March 18, 2021.
Despite timely online intimation to the ESIC branch office, Mohali, the regional office, Chandigarh, rejected the employment injury claim on March 11, 2022. His widow then approached the consumer commission, which ruled in her favour.
Advocate Jasbir Singh, counsel for both complainants, said that under Para 58(2) of the ESI (Central) Rules, 1950, dependents are entitled to benefits if an insured person dies due to an employment injury, with the daily rate fixed at 90 per cent of the standard benefit rate....
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