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Releasing Compensation

Normally, the dead body of an Indian national who died abroad is transported back to India by the insurance agency, if the person has an insurance policy which provides for the same. However, if the deceased does not hold any such insurance, then their known ones can register with the provided website for bringing back the dead body.

  • www.org2.passportindia.gov.in
  • After filling out the application you will receive a compliant ID on the basis of which you can track the application status.
  • Upon the receival of application, the concerned Indian Embassy will takes the required measures for transporting back the mortal remains of the deceased person to India and will also help in getting the death compensation. If required, the relatives can also lodge complaints to the Indian Embassy or to the Ministry of Overseas Indian Affairs.
  • The concerned Indian Embassy pursues with the employer to bear the cost and if the employer does not agree to bear it, the Indian Community Welfare Fund is used for the purpose.

Along with the transportation of the mortal remains of the deceased Indian back to India for last rites, the other documents that are required to be sent are original as well as one photocopy of the death certificate of deceased, and a letter from the morgue stating that the dead body has been embalmed and sealed properly in a casket. The passport of the deceased is also required to be sent to the Embassy along with other relevant documents for cancellation.

To know the detailed procedure for dispatching mortal remains, contact the Embassy at cpv@indianembassyhavana.cu, or they can be contacted at telephone number: (537) 8333777.

For sending the ashes to India: A copy of death certificate and a Embassy attested letter from the cremation site stating that the cremation urns only contains the ashes of the deceased and nothing else and it has been sealed properly as per the international regulations. The passport and other concerned documents of the deceased are required to send to the Embassy for cancellation.
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

Documents required for filing the death compensation claims are:

  • Death certificate of the deceased
  • Original passport of the deceased along with a photocopy.
  • Power of Attorney from next-of-kin in the name of any attorney.
  • Legal Heir Certificate to be obtained by the next-of-kin through the concerned Taluk/Tehsildar or through the District Civil Court of the concerned area in India. Both the Legal Heir Certificate and Power of Attorney along with their translated versions must be properly attested from the State Government authorities, the Ministry of External Affairs, New Delhi, and the concerned Embassy.
  • Other relevant details such as police report (from the local police), medical report (from the hospital), and the insurance number.

Procedure to claim death compensation in case of the death of an Indian national abroad are:

  1. The legal heir should first appoint the Embassy or someone they know in particular concerned country as their legal attorney. To start with, a request has to be made to the company/GOSI to settle the compensation.
  2. The request is then pursued with the employer or the GOSI along with submission of the relevant documents.
  3. After document scrutinization, the family members of the deceased will receive a claim form from the GOSI and will ask them to fill all the required information in it.
  4. 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.
  5. After receiving the form, GOSI finally starts releasing the payment of compensation in installments to the legal heir directly.
  6. The attorney of the deceased may file a case with the court in case of murder or any other circumstances of death, and after the required proceeding the court will deliver its judgment which will include compensation payment. 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 workplace due to occupational accident.
  7. In case the death happens at workplace due to occupational accident, the sponsor company (Employer) or the GOSI will have to pay the 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 the GOSI. After document scrutinization, the family members of the deceased will receive a claim form from the GOSI and will ask them to fill all the required information in it. 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 installments to the legal heir directly.
  8. In case the death is caused 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 the responsibility fixed on the causer of the accident by traffic police. Initially, the legal heir is required to appoint an attorney by executing a power of attorney (POA) in attorney’s name and Legal Heir Certificate (LHC). A claim can be filed by the attorney of deceased against the causer at the court. 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 the Ministry of External Affairs, New Delhi and concerned Embassy/consulates in India.

There may exist two cases below 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 can file the claim online at the court under whose jurisdiction the accident took 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 is required to pay the compensation as per the decision held by the court or as per the Compensation Section of the Civil Rights of Police in Governor’s office.
  6. On the receival of the compensation, the court will sent it to the attorney and will eventually provide to the legal heirs of the deceased.
When the vehicle of the cause is insured-
  1. Initially, the attorney is required to approach the traffic police with POA & LHC for obtaining the details regarding the accident and the causer of the accident.
  2. The attorney can file the claim online at the court under whose jurisdiction the accident took place.
  3. The hard copy of the online claim with required documents is submitted at the court. The 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 the 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:
    1. Traffic accident report
    2. Insurance details of the causer
    3. 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:
    • The traffic police Authorities of the respective area where road traffic accident occurred.
    • Saudi Public Court/Panel Court of the respective area where road traffic accident occurred.
    • The traffic police/ Compensation Section of Civil Rights department of Governor's office.
    • If required, Insurance company

Death due to illness or natural cause

If the death happens due to illness or any other reason, away from the workplace, then no compensation is applicable unless the individual has a personal insurance. A compensation claim can be filed by the next-of-kin with the concerned insurance company, if the deceased has a personal insurance.

Death due to unnatural cause

In case, the death has happened due to unnatural causes or other causes such as a terrorist attack or police firing, etc., then the death cases may be registered for compensation with the Government of that particular country. The Government will then decide the compensation on case by case basis.

Any other circumstances of death

In case, the death occurred due to any other causes such as murder, then the legal heir of the deceased is entitled for blood money (compensation following the death of a person) from the accused based on the court’s judgment.

  1. Initially, the Police authorities send the case to the court. A claim of compensation is required be filed by the attorney of the deceased hired by his/her legal heir, with the court of the respective area.
  2. The hard copy of the online claim and required documents is submitted along with their Arabic versions with proper attestation from the State and Government authorities as well as the Ministry of External Affairs, New Delhi and the respective Embassy/consulates in India, with the court. The Court then obtains concerned file from the police department, if not present already and fixes the hearing date.
  3. After the required proceedings, the court delivers the judgment regarding the 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. On the receival of the compensation, the court will sent it to the attorney and will eventually provide to the legal heirs of the deceased. In case, the Indian deceased has some outstanding salary in his/her bank account abroad, then the employer should be approached with a letter seeking service benefits and salary due. Such dues are settled by the sponsor company/employer either through the 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 the 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 the 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.

Transfer of remaining balance from the bank account of the deceased to nominee

For transferring the remaining balance in the bank account of the 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 the 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 will further proceeded to the district authorities through the postal medium. The personal belongings of the deceased Indian national will be sent to his/her family member by the concerned sponsor (company/attorney), who is responsible for local transportation to India.

Checklist for releasing of Death Compensation / Insurance Claim

  • Employment Letter issued to the employee/deceased by the Ministry of Interior or Sponsor with Entry Permit.
  • Flight Ticket with full Itinerary details.
  • Legal Heirs Certificates or Dependent Certificate issued by the Tehsildar.
  • IFFCO – TOKIO or Reliance General Insurance Company Ltd which insured the deceased.
  • Claim Form of Pravasi Bhartiya Bima Yojna.
  • Company ID card issued to the employee/deceased.
  • Death Certificate issued by the Consulate General of India of the concerned country.
  • Death Certificate issued by the Ministry of Health, Department of Preventive Medicine of the relevant country where the deceased was employed.
  • Airway bill in pursuance of deporting of dead body to India.
  • Emigration Clearance (EC) approval letter.
  • Passport Copy of the deceased (All pages of Indian Passport) duly notarized.
  • Iqama Copy / Resident Permit of the deceased/employee.
  • Visa Copy of the deceased.
  • ID proof of the claimant on the behalf of deceased.
  • Investigation & Clearance Form conducted by the Local Police Authorities of the concerned country issued by the Consulate General of India.