Indian Nationals who died Abroad Procedures for Filing

COMPENDIUM

Indian Nationals who died Abroad

Procedures for Filing Compensation Claims

9 December 2015

COMPENDIUM

Indian Nationals who died Abroad

Procedures for Filing Compensation Claims

INDEX

List of countries:

1. Afghanistan 3

2. Austria 6

3. Bahrain 9

4. Germany 11

5. Kingdom of Saudi Arabia 14

6. Kuwait 19

7. Lebanon 23

8. Libya 26

9. Maldives 28

10. Morocco 31

11. Mozambique 34

12. Oman 37

13. Qatar 40

14. United Arab Emirates 43

15. Uganda 46

16. Yemen 49

Afghanistan

First point of Contact in Afghanistan

Embassy of India

Kabul, Afghanistan Telephone No.: 00-93-20- 2200185

Mr. Hedayat Amarkhil

Work Permit Manager, Ministry of Labour,

Government of Afghanistan, Contact No. +93-788010105

1st Macroyan, Near Macroyan Market, Kabul E-mail: hedayat700@gmail.com

Public Affairs Wing/Consular Wing in Embassy of India, Kabul

Telephone No.: Mr.K.U.P Mishra - +93-706131611, Mr.A.Ghosh, +93-705127830

E-mail: paw.kabul@mea.gov.in and cons.kabul@mea.gov.in

First point of Contact in India

MADAD

(Consular Grievances Monitoring System)

Ministry of External Affairs &

Ministry of Overseas Indian Affairs

Government of India

Web link- https://org2.passportindia.gov.in/AppConsularProject/welcomeLink

List of documents required to file the death compensation claim

1. Original Death Certificate, Bank statement and Bank Account details of the deceased

2. Original Passport of the deceased along with a photocopy

3. Employment contract (current) of the deceased along with last salary slips.

4. Details (Passport copy) of the claimant and his/her relationships with the deceased

with a proof that he/she is the legal heir.

5. Power of attorney from claimant/next-of-kin in the name of Embassy or any

individual residing in Afghanistan whom the deceased’s family would like to appoint.

6. Legal Heir Certificate, to be obtained by the next-of-kin through the concerned

Taluk/Thasildar or through the District Civil Court of the concerned area in India.

7. Any other relevant documents as per the death case details.

Procedures to claim compensation

To claim the compensation in case of the death of the Indian national abroad, steps to be

followed are:

i. The legal heir should first appoint the Embassy or someone they know in Afghanistan as

their legal attorney.

ii. To start with, a request has to be made to the employer/insurance company to settle the

compensation claim.

iii. The request is then pursued with the employer or the concerned insurance company

directly by the Embassy or by the Power of Attorney holder.

iv. The next-of-kin may also approach Mr. Hedayat Amarkhil, (Work Permit Manager,

Ministry of Labour) or Public Affairs Wing/Consular Wing (Embassy of India, Kabul) for

assistance.

 Death at work place due to occupational accident

In case death happens at work place, the employer or the concerned insurance company

should be approached for compensation. For this, the next-of-kin should initially appoint

the Embassy or someone they know in Afghanistan as the attorney to obtain the

compensation. The attorney/lawyer will then follow up the case of compensation claim by

sending a letter to the company/person responsible, asking for the amount of

compensation. The next-of-kin may also approach Mr. Hedayat Amarkhil, (Work Permit

Manager, Ministry of Labour) or Public Affairs Wing/Consular Wing (Embassy of India,

Kabul) for further assistance.

 Death due to Road Traffic Accident

In case of death due to Road Traffic Accident or places not related to work, a

compensation claim can be filed with the accused or the Vehicle’s Insurance company

involved in the accident. Initially, the concerned insurance company or the person

responsible for the cause is approached for settling the compensation claim. For this, the

next-of-kin appoints a power of attorney who then follows up the case of compensation

claim by sending a letter to the company/person responsible, asking for the amount of

compensation.

 Death due to illness or natural cause (not related to work place)

If the death happens due to illness or any other reasons not related to work place, then

compensation will depend if and on what kind of insurance the deceased had. For this, the

next-of-kin should appoint a power of attorney, who will then follow up the case of

compensation claim by sending a letter to the insurance company, asking for the amount

of compensation. The insurance company would process the case and release the

insurance due to the next-of-kin. The next-of-kin may also approach Mr. Hedayat

Amarkhil, (Work Permit Manager, Ministry of Labour) or Public Affairs Wing/Consular

Wing (Embassy of India, Kabul) for further assistance. However, facility of insurance

coverage in Afghanistan is bare minimum as it is a war-zone country.

 Outstanding salary of the deceased

In case there is any outstanding salary of the deceased Indian national in his/her bank

account in foreign land, then the next-of-kin may approach the foreign employer with a

letter seeking the salary due or other service benefits. The next-of-kin may also approach

Public Affairs Wing/Consular Wing (Embassy of India, Kabul) for further assistance.

 Transferring the remaining balance in the bank account of deceased to

nominee’s account

For transferring the remaining balance in the bank account of deceased to his/her

nominee/family in India, the next-of-kin should initially appoint a power of attorney, who

would then follow up by approaching the concerned foreign bank. In case nominee has

not been specified, the next-of-kin would be required to submit the following documents

with the concerned bank:

1. Original legal heir certificate issued by Govt. of India

2. Bank details of Heir

3. Beneficiary

4. NOC from other Heirs in case of multiple heirs

For any other assistance, the next-of-kin may also approach Public Affairs Wing/Consular

Wing (Embassy of India, Kabul).

 For returning the belongings or mortal remains of the deceased

For obtaining the material or belongings of the deceased Indian National, the next-of-kin

should approach the concerned company. For any other assistance, the next-of-kin may

also approach Public Affairs Wing/Consular Wing (Embassy of India, Kabul).

Austria

First point of Contact in Austria

Embassy of India, Austria

Kärntner Ring 2

zur Zeit Opernring 1 Stiege R, 6. Stock Telephone No.: (+43) 1-505 86 66 - 9

1015 Vienna Fax: (+43) 1-505 92 19

Austria Email: indemb@eoivien.vienna.at

First point of Contact in India

MADAD

(Consular Grievances Monitoring System)

Ministry of External Affairs &

Ministry of Overseas Indian Affairs

Government of India

Web link- https://org2.passportindia.gov.in/AppConsularProject/welcomeLink

List of documents required to file the death compensation claim

1. Death Certificate and Bank details of the deceased

2. Original Passport of the deceased along with a photocopy

3. Power of attorney from next-of-kin in the name of Embassy or any individual residing

in Austria whom the deceased’s family would like to appoint.

4. Legal Heir Certificate, to be obtained by the next-of-kin through the concerned

Taluk/Thasildar or through the District Civil Court of the concerned area in India.

5. Any other document that seem relevant depending upon the death case.

Procedures to claim compensation

To claim the compensation in case of the death of the Indian national abroad, steps to be

followed are:

i. If a person dies in Austria a number of authorities have to be informed. Depending on

where and how the person dies, different people have to file a notice of death with the civil

registry office (e.g. Police in case of murder, hospital in case of death at the hospital)

ii. The civil registry office then issues a death certificate.

iii. After receiving the death certificate several institutions have to be informed, viz:

 Employers

 Financial Institutions

 Insurance Companies

 Landlord, phone companies, etc.

iv. After the issuance of the death certificate, probate or legal proceedings are initiated by the

responsible district court. A civil notary is chosen by the court and is responsible to carry out

the probate proceedings. Probate proceedings are carried out in every case.

v. In case of a foreign national who legally resides in Austria and dies within Austrian

territory, the inheritance law of the home country of the foreign national is applicable (e.g. if

an Indian National dies in Austria, the proceedings will take place in Austria but under Indian

inheritance law). Jurisdiction lies with the district court where the citizen resided last.

vi. The civil notary opens a file and checks on the financial situation of the deceased. This

includes any property, financial claims, debts, belongings, bank balance, etc. which all flows

into the inheritance. The civil notary then determines the heirs to the inheritance and informs

them about their share.

vii. For a person who does not resides in Austria, the competent court takes the necessary

steps to inform the Embassy to organize the transport of the dead body/mortal remains to the

home country.

viii. The next-of-kin should also appoint the Embassy or someone they know in Austria as the

attorney to obtain the compensation. The attorney will then follow up the case of

compensation claim by initially sending a letter to the company/person responsible asking for

the amount of compensation. And in case, the settlement is not achieved, a civil suit has to be

filed by the lawyer in a competent court.

 Death at work place due to occupational accident

In case the death happens at work place, compensation is only possible if the death is

direct result of an accident and with the intent of the employer. In case, intent is proven, a

civil suit can be filed with the competent court for damages and compensation. For this,

the next-of-kin should initially appoint the Embassy or someone they know in Austria as

the attorney to obtain the compensation. The attorney/lawyer will then follow up the case

of compensation claim by initially sending a letter to the company/person responsible,

asking for the amount of compensation. In case, the settlement is not achieved, a civil suit

has to be filed by the lawyer in a competent court. Following this, a trial will be

scheduled where witnesses will be heard and a judge will rule on the damages.

 Death due to Road Traffic Accident

In case of death due to Road Traffic Accident or places not related to work, a

compensation claim can be filed with the accused or the Vehicle’s Insurance company

involved in the accident. Initially, the concerned insurance company or the person

responsible for the cause is approached for settling the compensation claim. For this, the

next-of-kin appoints a power of attorney who then follows up the case of compensation

claim by sending a letter to the company/person responsible, asking for the amount of

compensation. In case, the settlement is not achieved, a civil suit may be filed by the

lawyer in a competent court. Following this, a trial will be scheduled where witnesses will

be heard and a judge will rule on the damages.

 Death due to illness or unnatural cause (not related to work place)

If the death happens due to illness or any other unnatural reasons, then compensation will

depend if and on what kind of insurance the deceased had. In such cases, any claims will

need to get directed to the Insurance company with whom a contract exists. For this, the

next-of-kin will have to contact the insurance company first and transmit the death

certificate and other required documents (as required by the respective insurance

company). The insurance company will contact the legal heir with a proposal for payment

of compensation if the death is covered by the insurance policy.

 Any other circumstances of Death

In case, death has happened due to any other causes such murder, etc., then the victim’s

legal heir is entitled for blood money (compensation following death of a person) from

the accused based on the court’s verdict. For this, the attorney of the deceased can

approach the concerned court for verdict on blood money. Based on the verdict, the legal

heir will get the compensation amount.

 Outstanding salary of the deceased

In case there is any outstanding salary of the deceased Indian national in his/her bank

account in foreign land, then the foreign employer should be approached with a letter

seeking the salary due or other service benefits or the court may chose a notary who will

open a file and check the financial situation of the deceased. This includes any property,

salary, debts, belongings, etc. which all flows into the inheritance. The civil notary then

determines the heirs to the inheritance and informs them about the share.

 Transferring the remaining balance in the bank account of deceased to

nominee’s account

For transferring the remaining balance in the bank account of deceased to his/her

nominee/family in India, the concerned bank should be approached. In case the nominee

has been or has not been specified by the deceased to the bank, the civil notary opens a

file and checks on the financial situation of the deceased. This includes any property,

open financial claims, debts, belongings, bank balance, etc. which all flows into the

inheritance. The civil notary then determines the heirs to the inheritance and informs them

about their share. In an official act the heirs will be named and have the choice to accept

or reject the inheritance.

 For returning the belongings or mortal remains of the deceased

The procedure for returning the belongings or mortal remains of the deceased to India is

well organized in Austria. The average time taken by the local authorities for completion

of procedures (e.g. post-mortem, issue of death certificate and embalming of bodies) is 3-

4 working days in the case of natural deaths. In case of unnatural deaths, it may take

longer depending upon the cause of death and investigation conducted. The local

authorities and the Embassy coordinate closely to facilitate the process and ensure smooth

transportation of mortal remains of Indians who die in Austria, to India.

BAHRAIN

First point of Contact in Bahrain

Embassy of India, Bahrain

Building 182, Road 2608

Block 326, Al-Adliya Telephone No.- 00973 17712683

PO Box 26106 /17712649

Kingdom of Bahrain Fax No.- 009731715527

The Director (Dependant Services & Monitoring)

General Organization for Social Insurance, Telephone No.-00973 17532222

PO Bo. 5250, Kingdom of Bahrain Fax No.-00973 17532033

Email: info@sio.gov.bh

First point of Contact in India

MADAD

(Consular Grievances Monitoring System)

Ministry of External Affairs &

Ministry of Overseas Indian Affairs

Government of India

Web link- https://org2.passportindia.gov.in/AppConsularProject/welcomeLink

List of documents required to file the death compensation claim

1. Death Certificate and bank details of the deceased

2. Original Passport of the deceased along with a photocopy

3. Power of attorney from next-of-kin authorising Embassy of India, Bahrain to follow

up the case through Embassy advocates or power of attorney in the name of any

individual residing in Bahrain whom the deceased’s family would like to appoint.

4. Legal Heir Certificate, to be obtained by the next-of-kin through the concerned

Taluk/Thasildar or through the District Civil Court of the concerned area in India.

Both the Legal Heir certificate and Power of Attorney should be attested by the state’s

nodal agency as well as the Ministry of External Affairs, New Delhi or its Branch

Secretariats.

Procedures to claim compensation

To claim the compensation in case of the death of the Indian national abroad, steps to be

followed are:

i. The legal heir should first appoint the Embassy or someone they know in Bahrain as their

legal attorney. To start with, a request has to be made by the employer to GOSI to settle the

compensation claim.

ii. The request is then pursued with the GOSI along with submission of the relevant

documents.

iii. After scrutinizing the documents, GOSI sends a claim form to the family members of the

deceased in India asking them to fill the required information.

iv. The family members then fill in the details and obtain proper attestation from State and

Government authorities in India. Once the family completes the form, it sends it back to

GOSI.

v. After receiving the form, GOSI finally starts releasing the payment of compensation in

instalments to the legal heir directly.

 Death at work place due to occupational accident

In case the death happens at work place due to occupational accident, the legal heir of the

deceased is entitled for death compensation as per Labour Law of Bahrain. The claims are

initiated by the employers with the GOSI. GOSI investigates the matter to determine the

eligibility of the amount of compensation. And after scrutinising the details, GOSI

processes the social insurance claim.

Note: As per Bahraini laws, all employers have to register their employees with GOSI.

 Death due to illness or natural cause (not related to work place)

If death happens due to illness, unnatural causes or any other reason, away from work

place, then no compensation is applicable.

 Any other circumstances of Death

In case, death happens due to any other causes such murder, etc., then the victim’s legal

heir is entitled for blood money (compensation following death of a person) from the

accused based on criminal court’s verdict. Initially a case is filed in the concerned court

by the attorney of the deceased, for verdict on blood money. Based on the verdict, the

legal heir will get the blood money.

 Outstanding salary of the deceased

In case there is any outstanding salary of the deceased Indian national in his/her bank

account in foreign land, then the foreign employer should be approached with a letter

seeking the salary due or other service benefits. It is only after the benefits and the

remittances have been given to the family of the deceased, will the Embassy register the

death.

 Transferring the remaining balance in the bank account of deceased to

nominee’s account

For transferring the remaining balance in the bank account of deceased to his/her

nominee/family in India, the concerned bank should be approached. There is no concept

of nominee in Bahrain so the transferring of the balance is solely based on the

requirements of the concerned bank.

 For returning the belongings of the deceased

The material or belongings of the deceased Indian National is sent to the family members

of the deceased by the concerned company along with a list of personal belongings. Also,

necessary letters are issued by the Embassy to the local authorities including Police

authorities on the basis of authority letter received from the next-of-kin.

Germany

First point of Contact in Germany

Embassy of India, Berlin, Germany

Tiergartenstr.17

10785 Berlin Telephone No.: 0049-30-257950

Office Hours: 9.00 hrs to 17.30 hrs (Monday to Friday)

Consular Wing

Tel: +49 (30) 25795611

Fax: +49 (30) 25795620 E-mail: cons.berlin@mea.gov.in

First point of Contact in India

MADAD

(Consular Grievances Monitoring System)

Ministry of External Affairs &

Ministry of Overseas Indian Affairs

Government of India

Web link- https://org2.passportindia.gov.in/AppConsularProject/welcomeLink

List of documents required to file the death compensation claim

1. Death Certificate, Insurance Number and Bank details of the deceased

2. Original Passport of the deceased along with a photocopy

3. Marriage certificate (spouse) and birth certificate (children)

4. Power of attorney from next-of-kin in the name of Embassy or any individual residing

in Germany whom the deceased’s family would like to appoint.

5. Legal Heir Certificate, to be obtained by the next-of-kin through the concerned

Taluk/Thasildar or through the District Civil Court of the concerned area in India.

6. Any other document that seem relevant depending upon the death case.

Procedures to claim compensation

To claim the compensation in case of the death of the Indian national abroad, steps to be

followed are:

i. The legal heir should first appoint the Embassy or someone they know in Germany as their

legal attorney. To start with, a request has to be made to the employer/insurance company to

settle the compensation claim.

ii. The request is then pursued with the employer or the concerned insurance company

directly by the Embassy or by the Power of Attorney holder.

iii. The next-of-kin may also require attending various hearings before the concerned courts

(in case the employer does not accede to the request and the next-of-kin decides to file a case

in the civil court).

iv. Later, based on the judgement, the next-of-kin or the individual holding power of attorney

will get the compensation money.

 Death at work place due to occupational accident

In case the death happens at work place, the employer should approach the following

contact:

Managing Director: Dr. Joachim Breuer

German Statutory Accident Insurance Agency(DGUV),

Glinkastrasse 40,

D-10117 Berlin,

Telephone No.: +49 30 177763800,

e-mail: info@dguv.de

In such a case, the employer should inform the DGUV about the deceased. DGVU

will then examine the case and find the family members and contact them. In case the

DGUV is not able to contact the family because the address is not available, the

family members should contact DGVU at the given address for filing the

compensation claim.

 Death due to Road Traffic Accident

In case of death due to Road Traffic Accident or places not related to work, a

compensation claim can be filed with the accused or the Vehicle’s Insurance company

involved in the accident. Initially, the concerned insurance company or the person

responsible for the cause is approached for settling the compensation claim. For this,

the next-of-kin appoints a power of attorney who then follows up the case of

compensation claim by sending a letter to the company/person responsible, asking for

the amount of compensation. In case, the settlement is not achieved, a civil suit may

be filed by the lawyer in a competent court. Following this, a trial will be scheduled

where witnesses will be heard and a judge will rule on the damages.

 Death due to illness or natural cause (not related to work place)

If the death happens due to illness or any other natural reasons, then a compensation

claim has to be filed with the German statutory pension insurance scheme at the

following address:

Knobelsdorffstraße 92

14059 Berlin

Telefon: 030 3002-0

Telefax: 030 3002-1009

In this case, Social Security Insurance details will have to be provided to the German

Pension Agency along with Death Certificate and other documents. They will later

process the claim based on the documents.

 Any other circumstances of Death

In case, death has happened due to any other causes such as violence, etc., then the

claim is to be made with the following department:

The Federal Ministry of Labour and Social Affairs

Division SER 2,

Rochusstraße 1,

53123 Bonn

53107 Bonn

Tel: 022899 527-6689

e-mail: ser2@bmas.bund.de

 Outstanding salary of the deceased

In case there is any outstanding salary of the deceased Indian national in his/her bank

account in foreign land, then the foreign employer should be approached with a letter

seeking the salary due or other service benefits. In case of any dispute, the family of

deceased may approach the Embassy of India.

 Transferring the remaining balance in the bank account of deceased to

nominee’s account

For transferring the remaining balance in the bank account of deceased to his/her

nominee/family in India, the concerned bank should be approached. If he/she is not

the nominee, then one needs to prove the legitimate claim by presenting an

inheritance certificate to the branch of the bank where the account exists. The bank

will then forward it to the Inheritance Department of the Bank, which will process the

case and transfer the money.

 For returning the belongings or mortal remains of the deceased

The material or belongings of the deceased Indian National is sent to the family

members of the deceased by the concerned company along with a list of personal

belongings. This has to be organized privately by the employer/family members.

Kingdom of Saudi Arabia

First point of Contact in KSA

Embassy of India, Riyadh, KSA

Address : B-1, Diplomatic Quarter,

PO Box 94387, Riyadh 11693,

Kingdom of Saudi Arabia

Tel No.: 00-966-11-488 4144 / 488 4691 / 488 4692

25/7 Helpline No.: 00-966-11-488 4697 / 488 1982

Tel No. for Death Cases: 00-966-11-488 4032

00-966-11-2816242 / 4884144 Ext.110

The General Organization for Social Insurance (GOSI)

Post Box No. 2952, Riyadh-11461,

Kingdom of Saudi Arabia

Fax 00 966 1 4777735/1200

Email: gosi@gosi.gov.sa

First point of Contact in India

MADAD

(Consular Grievances Monitoring System)

Ministry of External Affairs &

Ministry of Overseas Indian Affairs

Government of India

Web link- https://org2.passportindia.gov.in/AppConsularProject/welcomeLink

List of documents required to file the death compensation claim

1. Death Certificate of deceased

2. Original Passport of the deceased along with a photocopy

3. Power of attorney from next-of-kin in the name of any attorney.

4. Legal Heir Certificate, to be obtained by the next-of-kin through the concerned

Taluk/Thasildar or through the District Civil Court of the concerned area in India.

Both the Legal Heir certificate and Power of Attorney along with their Arabic version

must be properly attested from the State Government authorities as well as the

Ministry of External Affairs, New Delhi & Saudi Embassy/consulates.

5. Other relevant details such as police report (from the local police), medical report

(from the hospital), insurance number.

Procedures to claim compensation

To claim the compensation in case of the death of the Indian national abroad, steps to be

followed are:

i. The legal heir should first appoint the Embassy or someone they know in Riyadh as their

legal attorney. To start with, a request has to be made to the company/GOSI to settle the

compensation.

ii. The request is then pursued with the employer or the GOSI along with submission of the

relevant documents.

iii. After scrutinizing the documents, GOSI sends a claim form to the family members of the

deceased in India asking them to fill the required information.

iv. The family members then fill in the details and obtain proper attestation from State and

Government authorities as well as Ministry of External Affairs, New Delhi & Saudi

Embassy/consulates in India. Once the family completes the form, it sends it back to GOSI.

v. After receiving the form, GOSI finally starts releasing the payment of compensation in

instalments to the legal heir directly.

vi. In case of murder or any other circumstances of death, the attorney of the deceased may

file a case with the court and after the required proceedings, the court delivers the judgement

which contains payment of compensation (Blood Money). The compensation amount is

deposited in the court directly or in the treasury of the court which is later given to the

attorney to send to the legal heirs of the deceased.

 Death at work place due to occupational accident

In case the death happens at work place due to occupational accident, the sponsor

company (Employer) or the GOSI will have to pay death compensation to the next-of-

kin as per Local Labour Law (Agriculture labour and domestic workers are not

covered for compensation). Initially the legal heir requests the sponsor company to

file an online application with the GOSI for settlement of the compensation. This

online application along with the required documents (such as police report, medical

report, insurance number, etc.) is then studied by GOSI. After scrutinizing the

documents, GOSI sends a claim form to the family members of the deceased in India

asking them to fill the required information. The family members then fill in the

details and obtain proper attestation from State and Government authorities as well as

Ministry of External Affairs, New Delhi & Saudi Embassy/consulates in India. Once

the family completes the form, it sends it back to GOSI. After receiving the form,

GOSI finally starts releasing the payment of compensation in instalments to the legal

heir directly.

 Death due to Road Traffic Accident

In case of death due to Road Traffic Accident, a compensation claim can be filed by

the legal heir with the accused or the Vehicle’s Insurance company involved in the

accident. The compensation is generally based on the percentage of responsibility

fixed on the causer of the accident by traffic police. Initially, the legal heir is required

to appoint an attorney by executing power of attorney (POA) in attorney’s name and

Legal Heir Certificate (LHC). A claim is then filed with the concerned court by the

attorney of deceased against the causer of the accident. In order to file the claim POA

and LHC should be submitted along with their Arabic versions with proper attestation

from State and Government authorities as well as Ministry of External Affairs, New

Delhi & Saudi Embassy/consulates in India.

There may exist two cases as mentioned below:

 When the vehicle of the cause is not insured-

1) At first, the attorney has to approach the concerned traffic police with POA &

LHC to obtain the details of the causer of accident.

2) The Attorney files the claim online in the concerned court where the accident

had taken place.

3) The hard copy of the online claim with required documents is submitted to the

court. Court then obtains the concerned file from traffic police department along

with the police report and fixes a hearing date.

4) After the decision for payment of compensation has been delivered by the

court, it is responsibility of the Traffic Police to implement it in small cities or

Compensation Section of the Civil Rights department of Police authorities in

Governor's office in big cities.

5) The causer has to deposit the compensation amount as per the decision made by

the court itself or to the Compensation Section of the Civil Rights department of

Police authorities in Governor's office.

6) The compensation amount is then given to the attorney, which is later to be sent

to the legal heirs of the deceased.

 When the vehicle of the cause is insured-

1) At first, the attorney has to approach the concerned traffic police with POA &

LHC to obtain the details of the causer of accident.

2) The Attorney files the claim online in the concerned court where the accident

had taken place.

3) The hard copy of the online claim with required documents is submitted to the

court. Court then obtains the concerned file from traffic police department along

with the police report and fixes a hearing date.

4) After the decision for payment of compensation has been delivered by the

court, it is responsibility of the Traffic Police to implement it in small cities or

Compensation Section of the Civil Rights department of Police authorities in

Governor's office in big cities.

5) The attorney has to approach the traffic police who will give him the required

documents to submit to the Insurance Company. The documents to be submitted

are :

a) Traffic accident report

b) Insurance details of the causer

c) Original Court Verdict

6) The Insurance Company examines the claim and after necessary formalities

issues the cheque of the compensation amount.

 The following authorities may also be contacted:

a. The traffic police Authorities of the respective area where road traffic accident

occurred.

b. Saudi Public Court/Panel Court of the respective area where road traffic

accident occurred.

c. The traffic police/ Compensation Section of Civil Rights department of

Governor's office

d. If required, Insurance company

 Death due to illness or natural cause (not related to work place)

If the death happens due to illness or any other reason, away from the work place,

then no compensation is applicable unless the individual has a personal insurance. In

case the person has a personal insurance, then the next-of-kin may file the

compensation claim with the concerned insurance company.

 Death due to Unnatural causes

In case, death has happened due to unnatural causes or other causes such as terrorist

attack or police firing, etc., then the death cases may be registered for compensation

with the Saudi Government at Ministry of Foreign Affairs, Saudi Arabia. The Saudi

Government will then decide the compensation on case by case basis.

 Any other circumstances of Death

In case, death has happened due to any other causes such murder, etc., then the

victim’s legal heir is entitled for blood money (compensation following death of a

person) from the accused based on court’s verdict.

1) Initially, the Police authorities send the case to the court. For this, the

compensation claim is filed with the court of respective area by the attorney of the

deceased as appointed by the legal heir.

2) The hard copy of the online claim and required documents is submitted along with

their Arabic versions with proper attestation from State and Government authorities as

well as Ministry of External Affairs, New Delhi & Saudi Embassy/consulates in India,

with the court. Court then obtains concerned file from police department, if not

present already and fixes the hearing date.

3) After the required proceedings, the court delivers the judgement which contains

payment of compensation (Blood Money) in addition to the jail term.

4) The compensation amount is deposited in the court directly or in the treasury of the

court.

5) The compensation amount is finally given to the attorney to send to the legal heirs

of the deceased.

 Outstanding salary of the deceased

In case there is any outstanding salary of the deceased Indian national in his/her bank

account in foreign land, then the foreign employer should be approached with a letter

seeking the salary due or other service benefits. Such dues are settled by the sponsor

company/employer either through Labour office before/after issuing NOC (No

Objection Certificate) by the Embassy or directly with the family/their attorney. The

Embassy issues NOC for the transportation of Mortal remains/ burial only after the

sponsor submits a certificate issued by Labour office (certifying that he has cleared all

dues) OR the sponsor submits an undertaking in respect of settlement of such dues.

Also, if dues are sent to the family through Embassy, it generally takes 2-3 months to

reach the legal heirs after it is received in the Embassy. For this, the cheque is initially

sent by the sponsor company/employer in favour of Embassy of India in Saudi Riyals

which is deposited in the Embassy's account. After realization, a fresh cheque for the

equivalent amount in rupees is issued in favour of the concerned district authorities

for disbursement to the legal heirs after due verification. The SBI cheque goes to the

district authorities through postal channel.

 Transferring the remaining balance in the bank account of deceased to

nominee’s account

For transferring the remaining balance in the bank account of deceased to his/her

nominee/family in India, the following points are to be kept in mind:

a. If the nominee has been specified – In case the nominee has been specified by the

deceased to the bank, the concerned bank will transfer the balance directly to the

nominee’s account.

b. If the nominee has not been specified – In case the nominee has not been specified

by the deceased to the bank, such dues are generally routed through Indian Embassy

account. Through this channel it normally takes 2-3 months for the dues to reach the

legal heirs as the dues are routed through district authorities. For this, the cheque is

initially received in favour of Embassy of India in Saudi Riyals which is deposited in

the Embassy's account. After realization, a fresh cheque for the equivalent amount in

rupees is issued in favour of the concerned district authorities for disbursement to the

legal heirs after due verification. The SBI cheque goes to the district authorities

through postal channel.

 For returning the belongings of the deceased

The material or belongings of the deceased Indian National is sent to the family

members of the deceased by the concerned sponsor company/attorney who is

responsible for local burial/transportation to India. He makes arrangements to send the

belongings to the family in India along with a list of personal belongings.

KUWAIT

First point of Contact in Kuwait

Community Welfare Officer,

Embassy of India, Kuwait

P.O.Box-1450, Safat-13015, Kuwait, Email: attachewelfare@indembkwt.org

Fax No. 00965 – 22573910, Or, hoc@indembkwt.org

Ministry of Social Affairs and Labour

Government of the State of Kuwait Tel. No. 00965 – 22480000

Street 252, Mubarak, Al Kabir, Kuwait Fax No. 00965 – 22419877

Website: www.mosal.gov.in *

Ministry of Justice

Government of the State of Kuwait

Murqab, Kuwait City, Kuwait Tel. No. 00965 – 22486204

P.O.Box-6, Al Safat-13001, Kuwait, Fax No. 00965 – 2442257

First point of Contact in India

MADAD

(Consular Grievances Monitoring System)

Ministry of External Affairs &

Ministry of Overseas Indian Affairs

Government of India

Web link- https://org2.passportindia.gov.in/AppConsularProject/welcomeLink

List of documents required to file the death compensation claim

1. Death Certificate of deceased

2. Original Passport of the deceased along with a photocopy

3. Power of attorney from next-of-kin authorising Embassy of India, Kuwait to follow

up the case through Embassy advocates or power of attorney in the name of any

individual residing in Kuwait whom the deceased’s family would like to appoint.

4. Legal Heir Certificate, to be obtained by the next-of-kin through the concerned State

Government in form of ‘Family Member Certificate’ or ‘Certificate’ which carry the

same information which the local authorities require to be mentioned in the legal heir

ship certificate in India.

5. Both the Legal Heir certificate and Power of Attorney should be attested by the

following authorities:

 District Magistrate or First Class Magistrate

 Authorised Officer of the State Government (Home Department)

 Ministry of External Affairs, Consular Section, New Delhi or Branch

Secretariat of Ministry of External Affairs (outside Delhi).

Procedures to claim compensation

To claim the compensation in case of the death of the Indian national abroad, steps to be

followed are:

i. The next-of-kin should appoint the Embassy or someone they know in Kuwait to obtain the

compensation. Death compensation cases related to work-site accident should be filed within

one year and traffic accidents should be filed within three years from the date of accident,

otherwise it becomes time barred.

ii. The request is then pursued with the employer or the concerned local courts directly by the

Embassy or by the Power of Attorney holder.

iii. In case employer does not agree to pay compensation, then a case may be filed against

him with Ministry of Social Affairs and Labour and also followed in the criminal court.

iv. After final judgement in the case issued by the court, a civil case if required to be filed

either in the Ministry of Social Affairs and Labour or The First Instance Court (Civil).

Thereafter the case may get forwarded to the Appeal Court and Higher Appeal Court.

v. The next-of-kin may also require attending various hearings before the concerned courts

(in case the employer does not accede to the request and the next-of-kin decides to file a case

in the civil court).

vi. Later, based on the judgement, the next-of-kin or the individual holding power of attorney

will get the compensation money.

 Death at work place due to occupational accident

In case the death happens at work place due to occupational accident, the company

will have to pay death compensation to the next-of-kin. Initially the next-of-kin has to

make a request to the employer for settlement of the compensation. This request will

be pursued with employer or the civil court directly by the Embassy or by the Power

of Attorney holder. Generally, the employer grants the request and will settle the

claims. However, if the employer does not accede to the request then the next-ok-kin

may file a case with Ministry of Social Affairs and Labour and also followed in the

criminal court.

 Death due to illness or natural cause (not related to work place)

If the death happens due to illness or any other reason, away from the work place,

then the next-of-kin may file the compensation claim with the employer. If the

employer does not accede to the request then the next-ok-kin may file a case with

Ministry of Social Affairs and Labour.

 Death due to Unnatural causes

In case, death has happened due to unnatural causes, then initially a request should be

made with the concerned employer or the insurance company. In case the company

does not agree, then a case may be filed in the criminal or civil court for verdict.

 Any other circumstances of Death

In case, death has happened due to any other causes then the victim’s legal heir is

entitled for blood money (compensation following death of a person) from the

accused based on criminal court’s verdict. Initially, a case ma y be filed with the

Ministry of Social Affairs and Labour and also followed by the criminal court. After

final judgement in the case issued by the criminal court, a civil case if required to be

filed with the First Instance Court (Civil). Thereafter, the case may get forwarded to

the Appeal Court and Higher Appeal Court, if necessary. Based on the verdict, the

legal heir will get the blood money.

 Outstanding salary of the deceased

In case there is any outstanding salary of the deceased Indian national in his/her bank

account in foreign land, then the foreign employer should be approached with a letter

seeking the salary due or other service benefits. The family of the deceased may

approach the employer directly or appoint Embassy or someone they know in Kuwait

for the same. In case the employer does not pay the dues, a case for non payment of

dues is required to be filed with Ministry of Social Affairs and Labour.

 Transferring the remaining balance in the bank account of deceased to

nominee’s account

For transferring the remaining balance in the bank account of deceased to his/her

nominee/family in India, the concerned bank should be approached. The concerned

bank will transfer the balance to the nominee’s account, as per the bank policy. In

case the nominee has not been specified by the deceased to the bank, the remaining

balance will be transferred to the account of the legal heir based on the legal heir

certificate. However, it may vary depending on the concerned bank’s policy.

 For returning the belongings of the deceased

For returning the belongings of the deceased, the concerned employer should be

approached. The material or belongings of the deceased Indian National is sent to the

family members of the deceased by the concerned company along with a list of

belongings.

Note: Domestic workers are not covered under Kuwait Labour Laws. The legal heirs

of the deceased of such workers are not eligible for filing a case for not payment of

dues with the Ministry of Social Affairs and Labour, Kuwait.

In case the next-of-kin decides to appoint Embassy advocates as attorney, the following

panel of Lawyers can be approached:

1. Mr. Mohammad Ali Helal Al Enezi

Address- Fahad Al Salam Street, Kuwait Building

Floor No.-8, Kuwait City, Kuwait

P.O.Box - 27647, Safat-13069, Kuwait

Tel No.-(965)22217140/141

Fax No.-(965)22217142

Mob: (965)99604163

Email: alenezeiq8i@gmail.com

2. Mr. Samir Chartouni, Al Shehri & Chartouni, Attorneys and Legal Advisers

Address- Yousef Al Shehri & Co.,

Legal Consultant Office, Sharq, Nishan Tower

Floor No.-10, Sharq, Kuwait

Mob: (965)97802607

Tel No.-(965)22495010/020

Fax No.- (965)22245506

Email: samchartouni@live.com

3. Mr. Nawaf Al Mutairi, Al Dar for Consultancies and Law Affairs

Address- Jabriya, Block 1(B),

Street No.- 3. Nasser Tower

Floor No.-9, Kuwait

Mob: (965)99145306

Tel No.-(965)25341090

Fax No.- (965)25341060

Email: aktabdul@gmail.com

4. Mr. Labeed M.A Abdal, The Law Firm of Labeed Abdal

Address- Al Mubarakiya, Ali Al Salem Street,

Hamad Commercial Center, Kuwait

P.O.Box- 29175

Safat-13152, Kuwait

Mob: (965)97211981

Tel No.-(965)22433707/17/87

Fax No.- (965)22433757

Email: georgy@lalaw.com.kw

5. Mr. Hamed Al Dashti

Address- Fahed Salem Street, Alshaikha Sabika Al Sabah Building,

Floor No.-3, Office No.-14, Kuwait City, Kuwait

Mob: (965)99922265

Tel No.-(965)22413175

Email: lawyerhamedaldashti@gmail.com

Lebanon

First point of Contact in Lebanon

Embassy of India, Beirut, Lebanon

239, Ibrahim Abed El Aal Street,

Hamra, Ras Beirut, Beirut

Telephone No.: +961-1-735922

Fax: +961-1-741278 (Ambassador's Office), +961-1-741283

24/7 Helpline for Indian Nationals: +961-76860128

First point of Contact in India

MADAD

(Consular Grievances Monitoring System)

Ministry of External Affairs &

Ministry of Overseas Indian Affairs

Government of India

Web link- https://org2.passportindia.gov.in/AppConsularProject/welcomeLink

List of documents required to file the death compensation claim

1. Death Certificate and Bank details of the deceased

2. Original Passport of the deceased along with a photocopy

3. Power of attorney from next-of-kin in the name of Embassy or any individual residing

in Lebanon whom the deceased’s family would like to appoint.

4. Legal Heir Certificate, to be obtained by the next-of-kin through the concerned

Taluk/Thasildar or through the District Civil Court of the concerned area in India.

5. Any other document that seems relevant depending upon the death case.

Procedures to claim compensation

To claim the compensation in case of the death of the Indian national abroad, steps to be

followed are:

i. The legal heir should first appoint the Embassy or someone they know in Lebanon as their

legal attorney.

ii. To start with, a request has to be made to the employer/insurance company to settle the

compensation claim.

iii. The request is then pursued with the employer or the concerned insurance company

directly by the Embassy or by the Power of Attorney holder.

iv. In case of a dispute with the employer or the Insurance Company over the compensation,

the case can be taken to the Arbitration Labour Council which has jurisdiction over the area

in which the worker was employed. In case there is no insurance policy, a case has to be

filed against those responsible for the accident/death in the Civil Court and a legal decision

has to be obtained.

 Death at work place due to occupational accident

In case the death happens at work place, the employer or the concerned insurance

company should be approached for compensation. For this, the next-of-kin should

initially appoint the Embassy or someone they know in Lebanon as the attorney to

obtain the compensation. The attorney/lawyer will then follow up the case of

compensation claim by sending a letter to the company/person responsible, asking for

the amount of compensation. In Lebanon, each claim is processed individually, and

generally involves legal recourse.