Section 58 in The Employees' State Insurance (Central) Rules, 1950
58. Dependant's benefits. - (1) Dependant's benefit shall be paid to the dependants of the insured person who dies as a result of an employment injury, in the following manner:-
(A)In the case of death of the insured person, the dependants' benefits shall be payable to his [widow, children and widowed mother] as follows-(a)to the widow during life until re-marriage, an amount equivalent to three-fifths of the full rate and, if there are two or more widows, the amount payable to the widow as aforesaid shall be divided equally between the widows:(b)to each legitimate or adopted son, an amount equivalent to two-fifths of the full rate until he attains the age of eighteen years:Provided that in the case of a [legitimate or adopted son] [Substituted by G.S.R. 210, dated 27.3.2001 (w.r.e.f. 1.10.2000). ] who is infirm and who is wholly dependant on the earnings of the insured person at the time of his death, dependants' benefits shall continue to be paid while the infirmity lasts;(c)to each legitimate or adopted unmarried daughter an amount equivalent to two-fifths of the full rate until she attains the age of eighteen years or until marriage, whichever is earlier:Provided that in the case of legitimate or adopted unmarried daughter who is infirm and is wholly dependant on the earnings of the insured person at the time of his death, dependants' benefit shall continue to be paid while the infirmity lasts and she continues to be unmarried:Provided further that if the total of the dependant's benefits distributed among the widow or widows and legitimate or [adopted children and widowed mother] [ Substituted by G.S.R. 210, dated 27.3.2001 (w.r.e.f. 1.10.2000).] of the deceased person as aforesaid exceeds at any time the full rate, the share of each of the dependants shall be proportionately reduced, so that the total amount payable to them does not exceed the amount to disablement benefits at the full rate;(d)[ to the widowed mother during life an amount equivalent to two fifth of the full rate.] [ Inserted by G.S.R. 210, dated 27.3.2001 (w.r.e.f. 1.10.2000).](B)In case the deceased person does not leave a widow or legitimate or [adopted child or widowed mother] [Substituted by G.S.R. 210, dated 27.3.2001 (w.r.e.f. 1.10.2000). ], dependants' benefit shall be payable to other dependants as follows-(a)[ to a parent other than the widowed mother or grand parent, for life, at an amount equivalent to three tenths of the full rate and if there are two or more parents (other than widowed mother) or grand parents, the amount payable to the parents (other than widowed mother) or grand parents as aforesaid shall be equally divided between them;] [Substituted by G.S.R. 210, dated 27.3.2001 (w.r.e.f. 1.10.2000).](b)to any other-(i)male dependant, until he attains the age of eighteen years,(ii)female dependant, until she attains the age of eighteen years or until marriage, whichever is earlier or if widowed, until she attains eighteen years of age or remarriage, whichever is earlier, at an amount equivalent to two-tenths of the full rate:Provided that if there be more than one dependant under clause (b) the amount payable under this clause shall be equally divided between them.(2)[ The daily rate of dependant's benefit shall be ninety per cent of the standard benefit rate in the contribution period corresponding to the benefit period in which the employment injury occurs:Provided that where an employment injury occurs before the commencement of the first benefit period in respect of a person, the daily rate of dependants' benefit shall be -(i)where a person sustains employment injury after the expiry of the first wage period in the contribution period in which the injury occurs, ninety per cent of his average daily wages during that wage period rounded to the next higher rupee;(ii)where a person sustains employment injury before the expiry of the first wage period in the contribution period in which the injury occurs, ninety per cent of wages actually earned or which would have been earned had he worked for a full day on the dae of accident, rounded to the next higher rupee.][Provided that the total amount of the periodical monthly payment of dependants benefit payable to all eligible dependants of a deceased employee, shall be not less than one thousand two hundred rupees.] [Inserted by Notification No. G.S.R. 73 (E) dated 8.2.2012 (w.e.f. 1.3.2012)]Explanation. - The dependant's benefit rate calculated as aforesaid shall be called the "full rate".
