delaying in death claim settlement of my mother who deceased on 09-09-2019
5 months ago
where can we file complain on company for delaying in death claim settlement as its been 4years now but still company staff is say it will delay by 6 months more that also not confirm
A.Dear Client,
From the contents of the query, it is not clear as regards the authority from whom you want the settlement of the death claim in respect of your deceased mother who died on 09/09/2019. Is the claim against the Insurance Company against a life insurance or it is from the Employer under whom your deceased mother was employed and expired in the course of and arising out of employment? Typically, in case the claim is against the Insurance Company, then for the delay in settlement of the death claim, you can escalate your claim either before the Insurance Ombudsman claiming interest on the delay for settlement of the claim beyond 30 days as per the IRDA(Protection of Policyholders interest) Regulations, 2017 or before the Consumer Court under Consumer Protection Act, 2019 over deficiency in service and unfair trade practice claiming compensation for harassment and mental agony. However, in case the claim is against the Company under whom your mother was employed and died in the course of and arising out of employment, then you have to file an application under Sec,22(2) of the Employees Compensation Act, 1923 before the Commissioner, Employees Compensation claiming death compensation as admissible under the Act along with interest/penalty for the delay in disbursement of death compensation to the legal heirs of the deceased employee. Under Employees Compensation Act, 1923. an employee or worker who sustained injury out of an accident in the course of and arising out of employment or engagement that led to his death or wholly/partial disability is entitled to compensation from his employer as per the provision of the Act once it is reported to the employer. However, employees/workers who qualify for ESI compensation do not fall under the scope of the Employee's Compensation Act of 1923. because the employer is the one who must cover the cost. Schedule IV of the Employees Compensation Act defines relevant factors for the computation of compensation. Age is the completed years of age, of the workman or employee on the last birthday. The last birthday is the latest birthday of the workman which immediately precedes the due date of compensation liability. By considering various factors and legal requirements, a fair and just settlement can be reached ensuring proper and fair compensation for the injured/deceased worker/employee. Reach out to an Advocate for serving a legal notice to the Company and for guidance/steps.
From the contents of the query, it is not clear as regards the authority from whom you want the settlement of the death claim in respect of your deceased mother who died on 09/09/2019. Is the claim against the Insurance Company against a life insurance or it is from the Employer under whom your deceased mother was employed and expired in the course of and arising out of employment? Typically, in case the claim is against the Insurance Company, then for the delay in settlement of the death claim, you can escalate your claim either before the Insurance Ombudsman claiming interest on the delay for settlement of the claim beyond 30 days as per the IRDA(Protection of Policyholders interest) Regulations, 2017 or before the Consumer Court under Consumer Protection Act, 2019 over deficiency in service and unfair trade practice claiming compensation for harassment and mental agony. However, in case the claim is against the Company under whom your mother was employed and died in the course of and arising out of employment, then you have to file an application under Sec,22(2) of the Employees Compensation Act, 1923 before the Commissioner, Employees Compensation claiming death compensation as admissible under the Act along with interest/penalty for the delay in disbursement of death compensation to the legal heirs of the deceased employee. Under Employees Compensation Act, 1923. an employee or worker who sustained injury out of an accident in the course of and arising out of employment or engagement that led to his death or wholly/partial disability is entitled to compensation from his employer as per the provision of the Act once it is reported to the employer. However, employees/workers who qualify for ESI compensation do not fall under the scope of the Employee's Compensation Act of 1923. because the employer is the one who must cover the cost. Schedule IV of the Employees Compensation Act defines relevant factors for the computation of compensation. Age is the completed years of age, of the workman or employee on the last birthday. The last birthday is the latest birthday of the workman which immediately precedes the due date of compensation liability. By considering various factors and legal requirements, a fair and just settlement can be reached ensuring proper and fair compensation for the injured/deceased worker/employee. Reach out to an Advocate for serving a legal notice to the Company and for guidance/steps.
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A.Dear Client,
By law, life insurers cannot delay payment of claims indefinitely. Generally, the law requires that a life insurance company provide a beneficiary with a claim decision within 30 to 60 days. In India, the Insurance Regulatory and Development Authority of India (IRDAI) has established the Insurance Ombudsman scheme to address grievances and complaints against insurance companies. You can file a complaint with the Insurance Ombudsman in the jurisdiction where the insurance company's office is located. You can also approach the Consumer Court if you believe that the insurance company's actions are unfair and violate consumer protection laws. The Consumer Protection Act, 2019, provides a platform for consumers to seek redressal for grievances.
By law, life insurers cannot delay payment of claims indefinitely. Generally, the law requires that a life insurance company provide a beneficiary with a claim decision within 30 to 60 days. In India, the Insurance Regulatory and Development Authority of India (IRDAI) has established the Insurance Ombudsman scheme to address grievances and complaints against insurance companies. You can file a complaint with the Insurance Ombudsman in the jurisdiction where the insurance company's office is located. You can also approach the Consumer Court if you believe that the insurance company's actions are unfair and violate consumer protection laws. The Consumer Protection Act, 2019, provides a platform for consumers to seek redressal for grievances.
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