Mohali: ESIC penalised for not releasing death benefits
Sandip Kaur, in her complaint to the District Consumer Commission Mohali, alleged that after the death of her husband, ESIC authorities did not grant dependents benefits as provided in Section 52(1) of the ESI Act and she was eligible for 90% grant of the standard benefit rate in the form of monthly pension
District Consumer Commission Mohali has directed the regional director of Employees State Insurance Corporation (ESIC), Chandigarh, to release all admissible service benefits to the widow of a man who died in an accident in Mohali, from the date of death of her husband, with an interest of 9% per annum. ESIC has also been asked to pay ₹25,000 compensation for her causing mental agony.
Sandip Kaur, widow of Balwinder Singh, a resident of Sector 70, Mohali, with her counsel Jasbir Singh, had submitted a consumer complaint against ESIC through its regional director.
According to Kaur, her husband, Balwinder Singh, worked with M/s Addnis Medical Systems Private Limited, Mohali, as a technician and was a member of the ESI scheme. While being on duty on December 26, 2018, Singh was transporting some material of the company to its another unit in Industrial Area, Phase 8, Mohali.
When Singh reached the light points of Quark City, an unknown car hit his scooter, leading him to fall on the road and sustain a head injury. He was then rushed to GMCH, Sector 16, Chandigarh, from where he was referred to PGIMER, Sector 12. He remained on ESI medical leave from December 26, 2018 until his death on November 07, 2019.
Kaur informed the ESIC authorities about the death of her husband, following which the branch manager paid ₹15,000 funeral benefits. She alleged that ESIC authorities did not grant dependents benefits as provided in Section 52(1) of the ESI Act and she was eligible for 90% grant of the standard benefit rate in the form of monthly pension from her husband’s date of death.
After nearly 11 months, Kaur filed a consumer complaint at District Consumer Disputes Redressal Commission, SAS Nagar, Mohali, on August 11, 2020, seeking the opposite party to grant dependent’s benefits with an interest from her husband’s date of death as per the provisions of ESI Act, along with ₹2.5 lakh as compensation for physical and mental agony, and ₹31,000 as litigation expenses.
However, the officials of ESIC contended that Singh’s employer had not submitted the accident report. “ESIC officials made numerous calls to the complainant to submit her claim so that the balance dues of her husband may be released, but the complainant failed to do so”, ESIC submitted.
The Consumer Commission, however, partially accepted the plea of the complainant. “We partly allow the complaint and direct the OP to pay/release all admissible service benefits to the complainant on account of death of her husband Balwinder Singh from the date of his death, i.e. November 07, 2019, along with an interest of 9% per annum. The OP is further directed to pay an amount of ₹ 25,000 as compensation for mental agony as well as litigation expenses to the complainant”, the order read.
