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The District Consumer Commission, Mohali, has directed the regional director of Employees State Insurance Corporation (ESIC), Chandigarh, to release all admissible service benefits to a widow, whose husband died in an accident in e Mohali, from the date of death with an interest of 9% per annum. The ESIC has also been asked to pay ₹25,000 compensation for her causing mental agony. 

Hailing from Sector 70 of Mohali, Sandip Kaur, widow of of Balwinder Singh, had submitted her complaint through her counsel Jasbir Singh. According to her, Balwinder worked with M/s Addnis Medical Systems Private Limited in Mohali as a technician and was a member of the ESI scheme. On December 26, 2018, he was transporting some material of the company to its another unit in the industrial area of Phase 8, Mohali, when an unknown car hit his scooter at a traffic signal near Quark City, resulting in a head injury. He was rushed to the GMCH, Sector 16, Chandigarh, from where he was referred to the PGIMER, Sector 12. He remained on ESI medical leave from December 26, 2018 until his death on November 07, 2019. According to the complainant, she informed the ESIC authorities about the death following which the branch manager paid ₹15,000 funeral benefits. She said she was eligible for 90% grant of the standard benefit rate in form of monthly pension from her husband’s death date, but she didn’t get that. After nearly 11 months, Kaur filed a consumer complaint at the District Consumer Disputes Redressal Commission, SAS Nagar, on August 11, 2020, seeking the 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.

ESIC officials contended that Singh’s employer had not submitted the accident report.

“We partly allow the complaint and direct the OP (opposite party) 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 7, 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.

For case specific advice, connect with Consumer Lawyers in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar online.

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