Dear Learned Advocates / Legal Consultants / Others,
Sub: Compensation on death of Husband due to Negligence of Airline; Compensation on death of Employee (Husband) from Employer
My husband died at the Chennai airport. He was in transit in Chennai and heading back to Mumbai where he was working. He had been travelling on work out of Mumbai to Bangalore, Bhubaneswar and Guwahati for more than a week. He called me from the airport at night saying that he was not feeling well and that he was not allowed to fly and the airline authorities were arranging medical attention at the Chennai airport. In the morning I got a call from the airport (caller did not identify himself and hung up before I could ask anything) saying that my husband was unwell and that I should come and get him from the Chennai Airport. My husband had recently started a new job in Mumbai for the last 2 months and I was based in Chennai during the period until he finalized the residence and other logistics for our move to Mumbai. So I rushed to the airport and after running from pillar to post I was taken to an ambulance where he lay dead! My whole world just collapsed right in front of my eyes. I have not been given a clear picture as to the cause of his death and why a fit man with no medical history aged 39 years can suddenly die. I feel this is clearly a case of collective failure and negligence of the Airline Company, Airport Authorities and the doctor on duty at the airport. I am not sure if any one else is to be included in the list. I am not an earning woman and was completely dependent on my husband along with my two young children aged 2 and 6 years. I have to take immediate steps for my two young children since I have no one to help me. Needless to mention, I am under a lot of stress and any help will be greatly appreciated:
1. What legal recourse can I take against the airline, airport authority and others, if any? Is it better to pursue only against the airline? How successful are these legal recourses in India? What is the magnitude of compensation that can be claimed from them under these circumstances?
2. How can I get a respectable compensation from the company he worked at? I don’t have the offer letter and other details with me.
3. How can I find out if the company he was working at had him covered under any insurance policy? Am I eligible to get compensation under the Employee Compensation Act from the employer along with the compensation from the firm’s insurance policy (assuming my husband was covered under the firm’s insurance policy)?
4. Since he had just worked for around 2 months only at the current firm, do I get any ESI, PF, EPF, Bonus, Salary, Leave Salary or any other benefits under any other acts?
5. Are there any Foras/NGOs/Commissions where a widower with two young kids like me can approach for legal help?
Thank you all for your valuable time and consideration.
