Adequacy of compensation under workmen compensation act
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Transcript of Adequacy of compensation under workmen compensation act
INTRODUCTION
• CAME INTO FORCE IN 1923
• PROVIDE SOCIAL SECURITY TO WORKMEN
• REMEDY = COMPENSATION (IN CASE OF ACCIDENT RESULTING DISABLEMENT)
• NO APPLICATION, IF ESI ACT APPLIES – COMPENSATION UNDER ESI ACT ONLY
PRINCIPLES GOVERNING COMPENSATION
• A CASUAL CONNECTION BETWEEN INJURY AND ACCIDENT, AND THE ACCIDENT AND WORK
DONE IN THE COURSE OF EMPLOYMENT
• ONUS LIES UPON THE CLAIMANT
• NOT NECESSARY THAT EMPLOYEE MUST BE ACTUALLY WORKING AT THE TIME OF HIS DEATH
• GREATER PROBABILITY THAT THE WORK CONTRIBUTED TO THE PERSONAL INJURY – SUFFICIENT
GROUND
DISABLEMENT AND ITS TYPES
DISABLEMENT
PARTIAL DISABLEMENT [S.2(1)(g)]
TEMPORARY PARTIAL DISABLEMENT
PERMANENT PARTIAL DISABLEMENT
TOTAL DISABLEMENT [S. 2(1)(l)
PARTIAL DISABLEMENT - CASES
2. BALL V WILLIAM HUNT
EMPLOYEE – BLIND ON ONE EYE (VISIBLE)
1. UPPER DOABA SUGAR MILLS LTD V DAULAT RAM
BLACKSMITH – LOST INDEX AND MIDDLE FINGER
TOTAL DISABLEMENT - CASES
2. P.K.PARMAR V KEVAL CONSTRUCTIONS
TRUCK DRIVER – LOST RIGHT HAND FINGERS
1. PRATAP NARAIN SINGH DEO V SHRINIVAS
CARPENTER – LOST LEFT HAND ABOVE ELBOW (AMPUTATED)
DEFENCES OF EMPLOYER
DOCTRINES FOR DEFENCE
ASSUMED RISKSCOMMON
EMPLOYMENTCONTRIBUTORY
NEGLIGENCE
LIABILITY FOR COMPENSATION [SECTION 3]
EMPLOYER’S LIABILITY
FOR PERSONAL INJURY
FOR OCCUPATIONAL
DISEASES
ESSENTIAL REQUIREMENTS
• CONTRACT OF EMPLOYMENT
• PERSONAL INJURY
• ACCIDENT
• ARISE OUT AND IN THE COURSE OF EMPLOYMENT
AMOUNT OF COMPENSATION
COMPENSATION
DEATH
PERMANENT TOTAL DISABLEMENT
PERMANENT PARTIAL DISABLEMENT
TEMPORARY DISABLEMENT
FACTORS:
• NATURE OF INJURY
• MONTHLY WAGES OF WORKMEN
• RELEVANT FACTOR
NO DISTINCTION BETWEEN ADULT AND
MINOR
COMPENSATION U/S 4
• DEATH
FORMULA
50 * MONTHLY WAGES * RELEVANT FACTOR
100
OR
RS. 1,20,000 WHICHEVER IS MORE
• PERMANENT TOTAL DISABLEMENT
FORMULA
60 * MONTHLY WAGES * RELEVANT FACTOR
100
OR
RS. 1,40,000 WHICHEVER IS MORE
RELEVANT FACTOR = NO/- OF YEARSMONTHLY WAGES = MAX RS. 4000/-
COMPENSATION U/S 4
• PERMANENT PARTIAL DISABLEMENT
• INJURY SPECIFIED IN PART – II SCHEDULE - 1
• INJURY NOT SPECIFIED IN SCHEDULE - 1
• TEMPORARY DISABLEMENT
• A HALF MONTHLY PAYMENT OF THE SUM
EQUIVALENT TO 25% OF MONTHLY WAGES
OF EMPLOYEE TO BE PAID
“
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1. DOCTRINE OF NOTIONAL EXTENSION2. DOCTRINE OF ADDED PERIL
IMPORTANT DOCTRINES