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

“

”

1. DOCTRINE OF NOTIONAL EXTENSION2. DOCTRINE OF ADDED PERIL

IMPORTANT DOCTRINES