My husband died in a factory accident in Kolkata, can I claim compensation and how much?
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Below is a comprehensive legal analysis based on Indian law for your question.
Fatal accident compensation for a workman is payable under the Employees' Compensation Act, 1923, read with the West Bengal Premises Tenancy Act 1997 rules for its implementation in your state. The dependants, including the widow and minor children, are entitled to compensation calculated based on the monthly wages of the deceased and a relevant factor as per the Act's schedule. You must file a claim application before the Commissioner for Workmen's Compensation in Kolkata within the period of limitation. The Calcutta High Court has held that the employer cannot escape liability by merely showing negligence of the deceased if the accident arose in the course of employment. Compensation includes funeral expenses and may also cover loss of dependency. The Commissioner's award is executable as a civil court decree.
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