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From S.

Diraviam

Workmens compensation ACT Is the employer liable to pay compensation in the following cases. 1. A watchman whose duty was to guard the property of the premises of a rest house, had his quarters with in the premises of the rest house. His duty ended at 11.00Pm .At 12.0Am ie with in 3 1/2 hours of the said 11.00PM he was found murdered near his quarters. When a person is employed in a duty like this his duty is a continuous one and did not over with his duty hours and hence the employer is liable to pay compensation (Calcutta Electric Supply Corporation Ltd. v Rampati Debi ) 2. A firm of engineers contracted with the owners of a textile factory to put a new driving wheel in a machine in the factory .The engineers employed a workman for this and while fixing the machine the workman met with an accident. The wife of the deceased workman demand compensation from the owner of the factory As per sec 12 of the workmens compensation Act , when an employer engaged a contractor to do his work and when the contractor engages some workmen to do that work and when an accident occurred to any workman when performing such work the workman is entitled to claim compensation from the principal. The principal or the employer can get indemnified from the contractor. Hence the dependants of the deceased workman can claim compensation from the owners of the factory and the owners can get reimbursement from the engineers or deduct the

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From S.Diraviam

compensation amount paid from the fee or the contrat charges due to the engineers. 3. A worker working in a shed was injured by the fall of the wall which was not the property of the employer. The employer is liable to pay compensation as it is an accident and the accident occurred during the employment .The owner ship of the wall has no relevance. 4. A driver was engaged by a truck owner to carry petrol in a tank. The driver found the tank was leaking at some point. He entered the tank with the permission of the owner with a view to detect the leakage and lighted a match stick. The tank caught fire and the driver received severe burn injuries and died. Yes the dependants of the driver is entitled for compensation as it is a fatal accident, since in the case of fatal ( death) accident the mistake of the employee will not be considered and the employer has to give compensation. 5. A driver of a concrete mixer while working thereon found some part of the machine was not fitted correctly and required tightening .While doing so his thumb and his index finger were cut off. Yes, he is entitled for compensation since it is an accident occurred while performing his duty.

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From S.Diraviam

6. A worker leaves his work place after his duty hours are over .He returns after one hour to pick up his articles. He received injury in an accident at the time of taking his articles. Since the accident occurs within the premises of the factory, the employer is liable for compensation .The theory of notional extension of employment will be applicable in this case. 7. A workman who was a heart patient complained of chest pain during the duty hours in a ship. He was treated in the ship dispensary before leaving the ship. When he reached home he died due to coronary thrombosis. Yes, he is entitled for compensation since it is an accident occurred while performing his duty. 8. A had undertaken some work. He contracted B to do a part of the work. B contracted C to do that work. One of the workmen of C was injured and died. The widow of the deceased applied before the commissioner for an order on A to pay compensation. Discuss whether A` or B or C is liable. A is liable to pay compensation and he can recover it from B or C. If A recovers it from B,and B can recover it from C as per sec 12 of the act. 9. A under the influence of drink touched a live wire while working at a machine and died .The widow of the deceased claim compensation. The employer refuses to pay since it was due to the default of the workman because he was under drink at the time of accident.

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From S.Diraviam

Yes the dependants of the workman is entitled for compensation as it is a fatal accident, since in the case of fatal ( death) accident the mistake of the workman will not be considered and the employer has to give compensation. 10. A workman was a railway employee and he was sent to a place to attend a repair work by train which was going to Bombay from Kalyan. After finishing the work he returned back from the same train but he was travelling by standing near the door way of the coach. There was a notice in the coach which says dont stand near the door way .But he ignored the warning and was travelling by standing on the door way. While travelling he fell down and died. The widow of the deceased employee claimed compensation. Yes the dependants of the railway employee is entitled for compensation as it is a fatal accident, since in the case of fatal ( death) accident the mistake of the railway employee will not be considered and the employer has to give compensation. ----------------------------------------------------------When an employer is not required to pay compensation? An employer is not required to pay compensation in the following circumstances. 1. when an accident occurred resulting in disablement which is less than 4 days 2. when there is accident and the employee is injured but the employee is under the influence of drug or alcohol at that time.( if the accident
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From S.Diraviam

occurred resulted in death then the employer has to pay compensation even though the employee was under the influence of drug or alcohol. 3. When the employee willfully disobeys the safety rule or removes the safety guard or equipments. 4. When the employee filed a suit for compensation instead approaching the competent authority under this act. 5. When the workman refused to get himself medically examined even though the cost would be borne by the employer. Can the employer pay compensation directly to the workman or his dependants? No, the employer has to deposit the compensation amount to the commissioner workmens compensation who would in turn give that amount to the workman or his dependants. What is the time limit for payment of compensation? The employer has to pay compensation with in 30 days from the date it fell due other wise he has to pay with interest. What are the other time limits to be followed by the employer? The employer has to intimate with in 7 days of accident to the commissioner workmen compensation and he has to complete the medical examination with in 3 days of the receipt claim application. What is the penalty if compensation is not paid or refused?
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From S.Diraviam

The employer has to pay the claim with interest which may be 12% or more as decided by the commissioner workmens compensation. And a penalty up to 50% of the claim may also be imposed. -----------------------------------------------------

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From S.Diraviam

MINIMUM WAGES ACT

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