Adoption of guidelines to grant compensation to victim

‘MINOF ICIVSIL TAVIRATIYON GUIDELINES FOR SETTLEMENT OF CLAIMS FOR COMPENSATION ON AC ENTS: IN THE COURSE OF PROVISION OF PUBLIC SERVICE. Introduction:- ‘The Delhi High Court in its Order dated 09.07.2015 in FAO 154/20& 1C3M No. 5185/2013 in the matter of WRITER SAFEGUARD LIMITED Versus COMMISSIONER UNDER EMPLOYEES. COMPENSATION ACT ANS ORS directed for compensation in -eases of death/permanent incapacitation due to negligence and or unforeseen causes in the course of provision ofp ublic services. In view of these directions. the Department of Telecommunications (DoT) has framed the guidelines in this regard, ‘The Goverment has decided that the guidelines framed by DoT be adopted by all Ministries/Departments, with or without modification as per need. with the approval of Competent Authority. Accordingly. following guidelines are preseribed for Ministry of Civil Aviation. its attached and subordinate officers/Organizations/Autonomous Bodies:= ‘Tile: These guidelines would be called as Guidelines for Settlement of Claims for Compensation in case of incident(s) in the course of provision of public service in Ministry of Civil Aviation and its Attached Subordinate offices/organizations! autonomous bodies. 2. Effective date: These guidelines would be effective from the date of issue of the communication by Department ofP ersonnel and Training for adoption ofthe guidetines. 3. Applicability: These guidelines would govern the settlement ofc ompensation claims arising out ‘of accidents resulting into loss of life or permanent disability to any member of general public or @ person who meets with any accident in the course of provision of public service inthe office premises of this Minisiry and Attached/ Subordinate Offori Auctoneomosus Bodies/PSUs under the control of this Ministry. The claim of a person who is neither Department's employee nor a Contractor's ‘employee shall be considered by the Department. However. the claim of the person on the rolls of ‘outsourced agency shall be met by the concerned agency, 4. Definitions: (a) Accident: Any death or permanent disability resulting solely and directly from any Unintended and unforeseen injurious occurrence caused during the maintenance. operation and provisioning of any public service unde-taken by the Department. (b) Competent Authority: Competent Authority means Secretary to Government ofI ndia in Ministry of Civil Aviation or Head of the Atached/ Subordinate Office or Autonomous Bodies/PSUs under the control of Ministry of Civil Aviation. (©) Department: Means Ministry of Civil Aviation and for the purposes of the present Guidelines includes all attached’ subordinate Orfices. autonomous bodies and PSUs under the contro ofthe Ministry ofC ivil Aviation, Page 16(4) Dependent: As defined in the Employee's Compensation Aet. 1923, (1 vesignated Officer: An Officer designated by the Competent Authority oft he gradoef Junior ‘Administrative Grade (JG) or equivalent forthe purposes of receiving and processing claims for compensation under the present Guidelines (8 Vietim: Any person who sutfers pemanen disablement of dies in an agcident as dened in these Guidelines (@) Permanent Disablement: A disablement that is classified as « permanent total dissblemeat Under the proviso to Section 2 (1) ofthe Employee's Compensation Act. 1923, 5. Detailed Accident Report: The report prepared by the police withina period of 30 days from the late of incident as per Seheduteet ofthese puielines Explanation:-For the purposes of the preparation ofthe detailed accident report. the word injury” as ‘referred in Schedules refers o ‘permanent disabiliy’ as mentioned in clause 4 (g) ofthe Guidelines 6. Extent of Liability: On the occurrence of any “accident” as defined under these Guidelines the Department shall whether or not there has been any wrongful act. neglect or defeult on is part and notwithstanding anything contained in any other law, he liable to pay compensation to such extenats prescribed below: (4) In the event of death or permanent disability resulting from loss ofb oth limbs: Rs.10,00.000'- ‘Rupees Ten Lakh) i) In he event ofo ther permanent disability: Rs. 7.00.000/- (Rupees Seven Lakh). 7. Procedure for settlement of claims in respect of con {a)__ The vietina or histber dependemts would make an application within a petiod of 90 day’ ofthe ‘cident 40 the Designated Officer under whose jurisdiction the accident had occurred. An undertaking isto be given by the applicant thao other claim hefore another Goverment entity has ‘been made forthe 1s ofl ife/injury resulting from the accident for whthee elta is submited to particular Goverment entity. The application should be accompanied by the following documents (Proof ofage ofthe vietim (Gi) Death certificate oft he vietim OR Permanent disability ceniticate issued by the Medical Board suthorized by the Government Cenitied copy of FIR lodged in respect of the aeeiemt, {iv) Proof ofa pplicants relation withthe Vietim Dependency Cestificae (81, Deaailed Accident Report. Th Desi ated Officer may seek any further documen(s) for settlement of claim to hivher Provided that where there are more than one dependent the Appl Ns must mention their mans. addresses and celations with the victim and the Designated Offic nay at higher own discretion ‘issue notices to all before releasing the compensation Page 2%(The Designated Oficer on receipt of above application shall take into consideration the Detailed Accident Report submitied by the Police Authonity and weuld process the claim of compensation on priority basis but would not ake more than 30 dar disposing off the sane in any ted Oiicer, in case where no application i received {rom the victin/dependents of vietims, may. on receipt oF the Detaled Accident Report, process sio-mioto 10 initiate the process for ‘consideration for grant of the compensation to the victimédependents of victim. The payment of ‘compensation whether fully in casi oe party in cash and partly towards reimbursement oF medica ‘expenses shal! be decided by the sanctioning authority 1d) With effect from the date ofthe present Guidelines, all vontracts/atgor bee eenmteeredn ittso by the Department with auy person, agency or firm for maintenance. operation and provisioning of public service would invariably inchade a clas whereby any compensation paid under these ‘guidelines shall be recoverable from such person. ageney or fem (2) Ino case, a claim: for appoiamment of any of the dependents to post in Governmoen ntthe ‘compassionate grounds, would be entertained by the Deparment 8, Methoodf Dishursemeat of compensation:~ 1. The amouat of compenssao tawiarodend stbae ldeposlited in a Nationalized Banor k ifthe tanch of a Nationalized Bank is ot in existence, it shall be deposited in the branch of a ‘Scheduled Commercial Bank. in the joint or single name of the victinvdependent (5). Out of the anosuo diepomsit ed, 75% (seventy-five percent) ofthe same shal he put in a fiXed deposit for a minimum period of one year and the remaining 25% (Wwenty-five percent) shall be availabe for uilization and initial expenses by the victim /dependent(s) asthe ease mabye. 1, Inthe case of minor, 75% of the amount of compens$ao tawiarodend shall be depositiend fixed! deposit account and shbae dlrawln only on atcainment of the age of majority. but not before one yearof the deposit, provided that in eweeptional eases. amounts may be withdraw fox educatoir omnedaiclal need of the Benetciary ut the diseretion of dhe Department IL, The interest on che sum shall be credited diec:ly by the bank in the savings accownt of the vietinvdpendent (3) on monthly basis. 9. Appeal: An appeal against the decision of the Designated Officer in respeet of the amount of (ion oF tajestion of such claim shall be mud to Competent Authority wiat pehriodi of n30, ys of suc decision. The Competes Sutboricy sould decide the same within 30 daofy recseipt of such appeal 10, Safeguard: The compensation selene will be applicable subject to the conditiont hat vietim or ivher legal heirs should not have bee in recep of any compensation for the save loss or injury from any Goverament authority tes) Poe 36PART PARTICULOAF RTHSE ACCIDENT Datea nd elanet Sevcti on a ‘Who ceporied the accident to the police 31 Nameof the person who took the victim to the hospital | and Name ofthe Hospital wth complete ares [ GT Whether any hospital denied treatment tothe Victim? 7 ‘Natouf rtehe accident (i) Whether cesulted in death oir or both? (Gi) Number of persons injuredded, 5 Naad Coenia No Tie ovina Rear 3} Name of The witnesses of the aseident 10” Description of the aceident Page 46PARE I IMPACT OF THEA CCIDENOTN THE VICTIMS 1. Death Cases:= 4a) Name and Address of the deveased by Age. ©) Gender Ay Fad | ©) Occupation £) Income (Monthly 1) Legal Heir Gusian LName I. Relationship ML, Age IV, Address V. Comact No njury Cases (permanent disablement): 1a) Name and address of the injured by Age ©) Gender dy Education ©) Occupation 1) noone (Month g)- Deiof sfam ily depenodf ethen vtie t bh) Natofu inrjureies i i) Name oft he Hospital where the injured teated J) Whether victim refused medical treatment? | | I). Period ofh ospitalization 1 Perioofd treatment tn) Whether treatment contin fh) Nanie, addess and contact amber 0 the dovtorts) svho treated the injured (0) Whether the injured underwent any surgery? If yes then give_ particulars | p) Whether suflered any permanent disability” {Expenditure incurred on eatment. conveyance, special diet, attendant, ete, Give details favailale, 1 Whether the iajuted got reunbursement of medical expenses from his employer or under mediclaim policy. Give dels. if available 8) Whether the injured was procided cashless by the insurance Company? Give detailifs a.v Ring other relevaPART-II RELEVANT DOCUMENTS TO BE ATTACHED T Fist infra Report Thotographs of the scene of the accident frallo angmles H 137 Smet of te Wineee carded By he Paice 127 TSeennte repo tie ici was wndar the lnileense of ay 7 Tn Case ofD eath: | 2) Post Montem Report | b) Death Certificate | | ” «) Photograph and prooof tfhe ideniyof the Dead 4) Proof olegfal representatives ofthe deceased j «) Photograph, specimen signatuces attested by the bank and| | identity proot ofthe legal represenoftthae idevceeasse | {) Treatment of the deceased with name and address of the| Hospital. | fg) Bank account No, of the legal representatives of the | deceased ') Malti angled photographs oft he injured |e) Photograph, specimen signaiures atestd by the bank ant identify proof oft he Injured &) Disability certifies | 7] Any other relevant information, of thatthe contents of the above report are true and comet and the documents ‘mentioned in Par II hove beon verified Station House Officer Assistant Commissioneorf Police or equivalent (Name and Stamp) (Naand mStaemp) Poe 66