1. Legal dues of the deceased
(i) Once a worker is reported dead while under the sponsorship of Saudi employer, it is the duty of the sponsor to pay to the family (Next of Kin -NOK) of the deceased worker (i) the legal dues (HUQOOQ) which are comprised of (i) unpaid salary, (ii) End of Service Benefit, and (iii) any other admissible allowances.
(ii) Legal dues can also be settled by the sponsor directly with the family members of the deceased.
(iii) Indian Embassy/Consulate issues NOC for disposal of mortal remain only after receiving from the employer the proof of settlement/depositing of legal dues with the Labour Office/ or undertaking that Legal Dues will be settled soon.
(iv) However, the sponsors can also deposit these in the form of cheque/DD drawn in favour of Ambassador of India, Riyadh or Consulate General of India, Jeddah, through various Saudi Labour offices in the Kingdom.
(v) Once the legal dues are received in the Mission’s Bank Account, Indian Embassy/Consulate, shall forward the same to the concerned District authorities in India, by way of SBI cheque, for disbursing to the NOK, and keep the NOK informed by email/fax/letter.
2. Death Compensation
(1.) Admissibility and Procedure
(i) In the case of murder and unnatural deaths such as in fire, industrial or road accident, etc. the legal heirs of the victims may be entitled to claim death compensation (blood money/diyya) from the causer of the death, depending upon the degree of responsibility.
(ii) Murder cases: In murder cases, the victim’s family, if they chose to do so, could seek blood money (diyya) in return for granting pardon to the accused, which will be processed through Saudi judicial channels.
(iii) Accidental Death:
(a) If the death occurs due to work related reasons, death compensation is payable by GOSI in respect of the worker insured with the GOSI occupational Hazards Branch. As GOSI only deals with the NOK directly, the legal heirs are required to approach GOSI with the relevant documents.
(b) If the employee is not insured and the death is due to work related accident attributable to working conditions or negligence of the employer, the employer is liable to pay death compensation.
(iv) Suicide: In suicide cases since the deceased himself is responsible for death, death compensation is not admissible.
(v) Domestic workers are not entitled to death compensation unless there is insurance coverage (in case of drivers, etc.)
(vi) The death compensation is paid by the causer of the accident or the Insurance Company, where there is insurance cover and the company is liable to pay, to the legal heirs of the deceased as per responsibility fixed on the causer by the police authorities, and as decided by the courts.
(vii) If the deceased himself is 100% responsible for the accident, there are no chances of getting any death compensation except the insured sum, if any.
(viii) If the causer of death is a poor non-Saudi and once his poverty is proven in the Shariah court, he will be released and deported to home country and legal heirs are not able to get any compensation.
(ix) Death compensation has to be realised by approaching the designated Shariah Court by the legal heirs or the authorised representative with the prescribed legal documents.
(x) The Courts after conducting court hearings will decide on the admissibility and quantum of the compensation, and pass orders releasing the compensation amount.
(xi) On receipt of the intimation (file) of the death of the deceased from the Saudi Foreign Office/Saudi authorities, the report is examined by the Embassy/Consulate for ascertaining the percentage of responsibility fixed on the causer and the deceased, in order to advise the family on the admissibility of death compensation.
(xii) Where death compensation is admissible, the NOK is requested to prepare legal documents in the prescribed format and to indicate their option either for authorizing someone known to them in the Kingdom of Saudi Arabia or to the Embassy/ Consulate to pursue death compensation case in the Shariah Court.
(2). DOCUMENTS REQUIRED FOR PURSUING THE CASE OF DEATH COMPENSATION IN PUBLIC COURTS OF SAUDI ARABIA ON BEHALF OF THE LEGAL HEIRS OF THE DECEASED IN CASE OF TRAFFIC ACCIDENT AFTER RECEIVING POLICE REPORT.
1. LEGAL HEIRSHIP CERTIFICATE (LHC) in English with Arabic Translation
• This should be obtained from the competent authorities of respective State Governments in India. The certificate is normally issued by revenue authorities of respective State (Tehsildar/Mandal/Parishad/Distt. Collector/Distt. Magistrate/Civil Judge, etc).
• All name should be without initials and not like short forms like Mohd/Md/Amd/Abd for Mohamed/Ahmed/Abdul since Saudi Authorities in court object documents with initials/shortened name forms. It should indicate the names, in FULL EXPANDED FORM, of all legal heirs including minors.
• Age and relationship of each legal heir with deceased person should be mentioned.
• The formats of this document (as given on the link at the caption) has been prepared as per requirement of Saudi courts. Therefore, NO CHANGE IN THE FORMATS OR LANGUAGE OF FORMATS SHOULD BE MADE.
• The details required to be filled in the attached formats (both English and Arabic version) should be properly typed and should not be handwritten.
2. POWER OF ATTORNEY (POA) in English with Arabic Translation
• This should be signed and executed by all the legal heirs including minor children mentioned in the legal Heirship Certificate. Persons who cannot sign should put their thumb impression (left hand thumb for male and right thumb for female). Guardian should sign compulsorily on behalf of minor legal heirs.
(Note: If the age of children is 18 years or above, the guardian should not sign on their behalf as they are considered adult as per the Saudi law)
• Power of Attorney can be executed in favour of a Saudi lawyer or any of the close family members (father, mother, brother, sister, wife, son, daughter) residing in Saudi Arabia, who can attend the court proceedings on behalf of legal heirs.
(Note: As per extant local rules, only close family members (father, mother, brother, sister, wife, son, daughter) or Saudi lawyers are entitled to follow up the cases with the concerned Courts and Committees.)
• The legal heirs of the deceased have an option to pursue the case through this Embassy by executing a Power of Attorney (as per this format English with Arabic Translation) in favour of Ambassador of India, Riyadh to nominate any lawyer on the panel of the Indian Embassy. The lawyers charge legal fees as a fixed percentage (10 - 20%) of the compensation amount decided by the court and the remaining compensation amount is transferred to legal heirs. A consent letter for appointing lawyers from Embassy’s empanelled lawyers is required from the family in the form of notarized Affidavit (as per this Format) signed by all the legal heirs.
Note:
i)This POA is executed in my office on _____________________,(day & date) vide Sl. No. _________ in the register kept at my office. (To be filled by Notary official).
ii) This document should be executed on Stamp Paper in the presence of Notary Advocate or any other competent judiciary authorities. Notary or relevant authority should mention the date and Sl. No. of the document.
ii). All name should be without initials and not like short forms likeMohd/Md/Amd/Abd for Mohamed/Ahmed/Abdul since Saudi Authorities in court object documents with initials/shortened name forms.
iii) These documents have been prepared as per requirement of Saudi courts. Therefore, NO CHANGE IN THE FORMAT OR LANGUAGE OF FORMAT SHOULD BE MADE.
iv) The details required to be filled in the attached formats (both English and Arabic version) should be properly typed and should not be handwritten.
3. LEGAL GUARDIANSHIP CERTIFICATE (LGC) in English with Arabic Translation
• If any of the legal heirs of the deceased is a minor i.e. the age of the legal heir is less than 18 years, Legal Guardianship Certificate is to be prepared by the family.
• This document should be executed on Stamp Paper in the presence of Notary Advocate or any other competent judiciary authorities. Notary or relevant authority should mention the date and Sl. No. of the document.
• Please note that if POA for LGC is executed in favour of Ambassador of India to nominate any lawyer on the panel of Indian Embassy, then the format to be used is this - Legal Guardianship Certificate in English with Arabic Translation
• The details required to be filled in the attached formats (both English and Arabic version) should be properly typed and should not be handwritten.
4. ATTESTATION OF DOCUMENTS
Legal Heirship Certificate, Power of Attorney and Legal Guardianship Certificate are to be got attested by the following authorities before submission with court in Saudi Arabia:
ATTESTATION IN INDIA
• The documents should be attested by authorized Officers of the concerned State Government, (Home or General Administration Department), Secretariat of respective State
• Both English and Arabic versions should be apostilled by Ministry of External Affairs (MEA) CPV Division, New Delhi OR any Branch Secretariat of MEA at Kolkata/Chennai/Hyderabad/Mumbai/Guwahati. Please refer to following link for detailed procedure for apostille: https://www.mea.gov.in/apostille-menu.htm
ATTESTATION IN SAUDI ARABIA
• All the documents namely Legal Heirship Certificate, Power of Attorney and Legal Guardianship Certificate should be attested by Ministry of Justice of the Kingdom of Saudi Arabia, in Riyadh.
(3). Constraints in Realising Death Compensation Claims
Death compensation cases involve an extremely lengthy and cumbersome process and in some cases it takes even years. Some of the reasons for death compensation cases remaining protracted or inconclusive are:
(i) Transfer of the place of residence or work of the causer of the accident away from the place where the case is pending
(ii) Non-depositing of the money with the Bait ul Maal/concerned authority by the causer, or non-intimation of the same by the said authority
(iii) Non-attendance of the court hearings by the Causer.
(iv) Absence of Judges due to leave/transfer, etc.
(vi) Non-availability of record-file in the Public Court.
(vii) Non-submission of relevant files by the local authorities.
(viii) Report on the percentage of responsibility for accident is inconclusive.
(ix) Where identify of the causer is unknown(such as in hit-and-run cases)
(x) Non-receipt of legal documents from NOK.
