WORKMEN'S COMPENSATION ACT 1923

by : DR. T.K. JAIN

AFTERSCHOOL
centre for social entrepreneurship sivakamu veterinary hospital road bikaner 334001 rajasthan, india mobile : 91+9414430763
5 DECEMBER 09 www.afterschoool.tk 1

PURPOSE OF THE ACT

TO PROVIDE COMPENSATION TO THE WORKER, WHEN THE WORKER HAS ANY DISABLEMENT

5 DECEMBER 09

www.afterschoool.tk

DEPENDENT
Sec. 2(1)d : 1st category : widow, minor son, unmarried daughter, widowed mother 2nd category : son / daughter who are infirm and are dependent on the earnings of the worker 3rd category : widower, parent other than mother, minor illegitimate child, minor brother, paternal grand parent etc.
5 DECEMBER 09 www.afterschoool.tk 3

What is disablement
Loss in earning capacity. The worker must have suffered it for at least 3 days. Temporary : if not able to do present work permanent : if not able to do other work also. Partial or total = in total disablement, the worker has no capacity for any work.
5 DECEMBER 09 www.afterschoool.tk 4

Case : Ball v/s William Hunt

Here a worker was blind in one eye but it was not causing any problem in his work. He was getting job also. Later his eyeball was removed, and now people didnt give him job although he was physically fit to do the work. The court held that incapacity to work includes inability to get work
5 DECEMBER 09 www.afterschoool.tk 5

Case study : New india assurance v/s Kotamappa Rao

Doctor issued a certificate of 50% disability stating he could not be driver. It was a nonscheduled injury, but commissioner granted 90% disablement as in reality the person was not able to get job. So it depends on each case.
5 DECEMBER 09 www.afterschoool.tk 6

THANKS....
GIVE YOUR SUGGESTIONS AND JOIN AFTERSCHOOOL NETWORK / START AFTERSCHOOOL NETWORK IN YOUR CITY AFTERSCHOOOL@IN.COM PGPSE WORLD'S MOST COMPREHENSIVE PROGRAMME IN SOCIAL ENTREPRENEURSHIP
5 DECEMBER 09 www.afterschoool.tk 7