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Procedure
Who usually makes the claim u/Sec 10(1)?
A. Usually made by a lawyer
How is Sec 24 and Sec 25 related to Sec 2(1)(d)(ii) viz., the oral contract?
A. Documentary evidence
U/Sec 19(2), the bar on role of civil court is tenable especially in the
case where it is a Question of Fact u/Sec 19(1).
What if employer does not discharge his duties under the Act?
A. Refer Section 18 and if employer refuses to pay compensation
or deposit amount as ordered by ECC refer Section 31; if
employer defaults in paying compensation due refer Section 4A.
Procedure
What power does the commissioner has in case of fatal accident u/Sec
22A?
A. Send a show cause notice to the employer if he thinks
compensation paid is not sufficient and may also award the
deficit if employer fails to show cause
What do the agreements intended to cover and what is the time frame
for registering the memorandum?
A. Compensation within 7 days / 30 days
If employer has himself paid medical bill for treatment, will the
notice of accident by employee still be needed?
A. No, it will not be required as management is aware of
accident as they are paying bills. Refer : Deep Metal
Industries vs Gaikwad B.D. on 11 January, 1995
Can amount paid in F&F to wife of deceased employee be treated
as an alternative to an agreement u/Sec 28?
A. It can not be treated as alternative because even payment
made by employer (receipt of payment) needs to be
registered under Section 28. Ref:Nagapattinam Import And
Export ... vs K. Lakshmi on 2 April, 1992