The
death compensation cases are dealt with in Public Courts of
Saudi Arabia. According to the Laws of Saudi Arabia, the family
of the deceased may claim death compensation from the
causer, if the death is due to traffic accident or murder.
If
a worker dies while working due
to the fault of machinery, equipment, etc., then the sponsor of
the deceased will pay work accident compensation claim. The
claim has to be submitted directly to the sponsor.
In case of death due to a
traffic accident or murdered, the actual causer of the
incident/murderer will have to pay death compensation. Police
authorities after investigation will fix the percentage of
responsibility. The compensation amount may differ accordingly.
The death compensation claims are to be submitted to Public
Court and the Public Court Judge will decide the amount. Those
desiring to submit claim with Public Court should nominate any
person known to them as their Attorney. The Consulate General of
India may also be authorized by way of Power of Attorney to
represent their case.
After hearing all sides,
Public Court will deliver its verdict. On submission of copy of
the verdict, Saudi Treasury (Baitul Mal) will release
compensation amount if the amount has been deposited with them.
Normally cases are settled by Public court within a period of
one year. However, in some cases it takes years due to some
technicalities/ legal hurdles in the proceedings.
All compensation claimants
should invariably submit (i) Legal Heirship Certificate (LHC)
and (ii) Power of Attorney (POA) to the Public Court. Legal
Heirship Certificate is issued by Civil authorities (Revenue/
Tehsil / Mandal) in India and Power of Attorney should be
executed by all legal heirs of the deceased duly Notarized in
India. In case there are minor among the legal heirs, the name
of guardian should also be mentioned in POA.
Both the LHC and POA should
be translated into Arabic. Both versions (English and Arabic)
should be attested by (a) Home / General Administration
Department of respective State Governments, (b) Consular
Section, Ministry of External Affairs, New Delhi and (c) the
Royal Saudi Embassy / Consulate in India. They are to be further
attested with Saudi Ministry of Foreign Affairs and Ministry of
Justice at KSA and submitted to the concerned Public Court for
settlement of death compensation claim. |
