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REGULATION OF COMPENSATION FOR POSSIBLE MISHAPS

As per Section 57 of the Delhi Metro Railway (Operation and Maintenance) Act, 2002, "the Metro Railway Administration shall, notwithstanding anything contained in any other law, be liable to pay compensation for loss occasioned by the death of, or bodily injury to any person to such extent as may be prescribed."

As per Section 58 of the Delhi Metro Railway (Operation and Maintenance) Act, 2002, "An application for compensation arising out of any accident may be made to the Claims Commissioner by:

  • the person who has sustained the injury or suffered any loss; or
  • all or any of the dependents of the deceased where death has resulted from the accident; or
  • an agent duly authorized by the person injured or all or any of the dependents of the deceased, as the case may be:

Provided that where all the dependents of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the dependents of the deceased and the dependents who have not so joined, shall be impleaded as respondents to the application.

For construction related mishaps, in addition to the compensation paid to the dependent of the deceased worker by the Labour Court under the Statutory Laws like Workmen Compensation Act etc., DMRC has also constituted a Labour Welfare Fund, which came into force from 1st of June, 2003. The objectives of the fund are given below:

  • The Compensation paid as per statutory laws is inadequate in case of more dependents to the deceased. Hence there is a genuine need to further compensate the family through additional schemes.
  • The widow and children of the deceased worker shall be given additional monetary assistance for upbringing of the children on a case-to-case basis wherever required.
  • In case if the children become orphans, their upkeep and educational requirements should be met from the fund till one of the children becomes major and is gainfully employed.
  • If the deceased is having no children or unmarried and is the only supporting member to the elderly parents/sisters/brothers, they should be adequately compensated.
  • If any worker dies wherein compensation is not possible by general rules of contract the dependents of the deceased shall be compensated on the humanitarian grounds.

Regarding payment to death / incapacitation, a general procedure being followed is as under:

  • A token amount of Rs. 25,000/- from contractor's contribution and additional Rs. 25,000/- from DMRC's side totaling to Rs. 50,000/- is paid. This amount of Rs. 50,000/- should be paid to the legal heir of the deceased immediately on confirmation of the death.

For additional compensation the judgment given under workmen compensation award may be considered as a reference. Depending upon the nos. of dependent their age education and other family background the decision can be made on case-to-case basis.

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