Workman S Compensation - Law Dictionary Search Results
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Dependant and dependent
Dependant and dependent. Under s. 4 of the Workmen's Compensation Act, 1925:--(1) The dependants of a workman entitled to claim compensation under this Act where the injury results in death are such of the members of the workman's family as were wholly or in part dependent upon the earnings of the workman at the time of his death, or would but for the incapacity due to the accident, have been so dependent, and where the workman, being the parent or grand-parent of an illegitimate child, leaves such a child so dependent upon his earn-ings, or, being an illegitimate child, leaves a parent or grandparent so dependent upon his earnings, shall include such an illegitimate child and parent or grandparent respectively.(2) A person shall not be deemed to be a partial dependant of another person unless he was dependent partially on contributions from that other person for the provision of the ordinary necessaries of life suitable for persons in his class and position.(3) 'Member of a family' me...
Workmen's Compensation Act
Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...
Common employment
Common employment. The general rule that a master is liable for damage caused by the negligence of his servant has the exception that where the person injured is the fellow-servant of and engaged in common employment with the person whose negligence causes the injury, the master is not liable in an action at Common law. The principle upon which the exception rests is that 'a servant who engages for the performance of services for compensation does as an implied part of the contract take upon himself, as between himself and his master, the natural risks and perils incident to the performance of such services; the presumption of law being that the compensation was adjusted accordingly, or, in other words, that these risks are considered in the wages' [per Balckburn, J., Morgan v. Vale of Neath R. Co., (1864) 5 B&S 578]. For review of cases, see Bray, J., in Cribb v. Kynoch, Ltd., (1907) 2 KB 548. The doctrine applies in spite of difference in rank or grade between the two servants, e.g.,...
Wages
Wages, if the remuneration is to be paid daily or weekly, it can be called wages. But when it is monthly remuneration payable on the last day of the month or after that date, and when the remuneration considering the general standards of payments is fairly high, then it has to be understood as salary, K.V.V. Sharma (in re), (1952) 2 Mad LJ 917.Includes any bonus or other additional remunera-tion etc., and any sum 'payable to such person by reason of the termination of his employment, A.R. Sarin v. B.C. Patil, AIR 1951 Bom 423.Means remuneration payable to an employee under an award or settlement, Purshottam v. Potdar, AIR 1966 SC 856.Means remuneration which an employer is liable to pay, if the term of the contract of employment are fulfilled. In other words, they are payments made by an employer for services rendered, G.M. Joshi v. First Civil Judge, AIR 1958 Bom 262.Wages, ought to include gratuity as well, Tirjugi Sitaram v. Badlu Prasad Bheru Prasad, AIR 1962 MP 361.The compensatio...
Total disablement
Total disablement, means such disablement whether of a temporary or permanent nature as incapacities a workman for all work which he was capable of performing at the time of the accident resulting in such disablement, National Insurance Co. Ltd. v. Mohd. Saleem Khan, (1992) 2 Civ LJ 46. [Workmen's Compensation Act, 1923 (8 of 1923), s. 2(1)(l)]The expression 'total disablement' has been defined in s. 2(1) of the Workmen's Compensation Act, 1923 as follows: (1) 'total disablement' means such disablement, whether of a temporary or permanent nature, as incapacitates workman for all work which he was capable of performing at the time of the accident resulting in such disablement, Pratap Narain Singh Deo v. Shrinivas Sabata, AIR 1976 SC 222: (1976) 1 SCC 289: (1976) 2 SCR 872....
Industrial disease
Industrial disease. Compensation is provided for a workman under the Workmen's Compensation Act (which see) in respect of certain diseases. As to notification of an industrial disease occurring in a mine, see Coal Mines Act, 1911, s. 79....
Employer
Employer, means (i) a company; (ii) a firm; (iii) an association of persons or a body of individuals, whether incorporated or not, but excluding any fund or trust or institution eligible for exemption under clause (23C) of section 10 or registered under section 12AA; (iv) a local authority; and (v) every artificial judicial person, not falling within any of the preceding sub-clauses. [Income-tax Act, 1961 (43 of 1961), s. 115W(a)]Employer, means:A person who controls and direct a worker under an express or implied contract of hire and who pays the workers salary or wages, Black's Law Dictionary, 7th Edn.(a) in relation to contract labour, the principal employer, and(b) in relation to other labour, the person who has the ultimate control over the affairs of any establishment or who has, by reason of his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any establishment, and includes any other person to whom the affairs of the establi...
Accident to workman
Accident to workman, compensation for. (English) The Workmen's Compensation Act, 1925, provides s. 1, sub-s. (1), that if in any employment personal injury by accident arising out of and in the course of the employment is caused to a workman, his employer shall be liable to pay compensation.Sub-s. (2), that an accident resulting in death or serious and permanent disablement of a workman shall be deemed to arise out of and in the course of his employment, even if at the time of the accident he was acting in contravention of statutory regulations or of the orders of his employer, if such act was done by him for the purposes of and in connection with his employer's trade or business, see Guest v. Gaston & Co., 1927 (1) KB 1.The word 'accident' must be given its ordinary and popular sense; it has been defined as 'an unlooked for mishap or an untoward event, which is not expected or designed', Fenton v. Thorley & Co., 1903 AC 443. Thus compensation has been recovered in respect of death cau...
workmen's compensation
workmen's compensation : workers' compensation ...
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