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Section 10 – Workmen’s Compensation Act, 1923

Workmen’s Compensation Act, 1923

 

 

10. Notice and claim.—

 

(1)1[No claim for compensation shall be entertained by a Commissioner unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within 2[two years] of the occurrence of the accident or in case of death within 2[two years] from the date of death:]

Provided that where the accident is the contracting of a disease in respect of which the provisions of sub-section (2) of section 3 are applicable the accident shall be deemed to have occurred on the first of the days during which the workman was continuously absent from work in consequence of the disablement caused by the disease:

 

3[Provided further that in case of partial disablement due to the contracting of any such disease and which does not force the workman to absent himself from work the period of two years shall be counted from the day the workman gives notice of the disablement to his employer:

 

Provided further that if a workman who, having been employed in an employment for a continuous period, specified under sub-section (2) of section 3 in respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected:]

 

4[Provided further that the want of or any defect or irregularity in a notice shall not be a bar to the 5[entertainment of a claim]—

 

(a) if the claim is 6[preferred] in respect of the death of a workman resulting from an accident which occurred on the premises of the employer, or at any place where the workman at the time of the accident was working under the control of the employer or of any person employed by him, and the workman died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place were the accident occurred, or

 

(b) if the employer 7[or any one of several employers or any person responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed] had knowledge of the accident from any other source at or about the time when it occurred:]

 

Provided further that the Commissioner may 8[entertain] and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been 9[preferred], in due time as provided in this sub-section, if he is satisfied that the failure so to give the notice or 10[prefer] the claim, as the case may be, was due to sufficient cause.

 

(2) Every such notice shall give the name and address of the person injured and shall state in ordinary language the cause of the injury and the date on which the accident happened, and shall be served on the employer or upon 11[any one of] several employers, or upon any person 12[***] responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed.

 

13[(3) The State Government may require that any prescribed class of employers shall maintain at these premises at which workmen are employed a notice book, in the prescribed form, which shall be readily accessible at all reasonable times to any injured workman employed on the premises and to any person acting bona fide on his behalf.

 

(4) A notice under this section may be served by delivering it at, or sending it by registered post addressed to, the residence or any office or place of business of the person on whom it is to be served, or, where a notice book is maintained, by entry in the notice book.]

 

COMMENTS

Liability of insurance company

 

Insurance company cannot escape liability simply because the notice was not issued to the Insurance Company. Notice to the owner of the vehicle is good enough; Ram Karan v. Vijayanand, 1995 LLR 69 (MP).

 

Posthumous registration for purposes of insurance is an insured person

An employee suffering employment injury granted posthumous registration for the purposes of insurance is nonetheless an insured person; Bharagath Engineering v. R. Raganayaki, (2003) 2 SCC 138.

 

—————————–

1. Subs. by Act 9 of 1938, sec. 5, for certain words.

 

2. Subs. by Act 8 of 1959, sec. 8, for “one year” (w.e.f. 1-6-1959).

 

3. Ins. by Act 64 of 1962, sec. 5 (w.e.f. 1-2-1963).

 

4. Ins. by Act 15 of 1933, sec. 7.

 

5. Subs. by Act 9 of 1938, sec. 5, for “maintenance of proceedings”.

 

6. Subs. by Act 9 of 1938, sec. 5, for “made”.

 

7. Ins. by Act 9 of 1938, sec. 5.

 

8. Subs. by Act 9 of 1938, sec. 5, for “admit”.

 

9. Subs. by Act 9 of 1938, sec. 5, for “instituted”.

 

10. Subs. by Act 9 of 1938, sec. 5, for “institute”.

 

11. Subs. by Act 7 of 1924, sec. 2 and Sch. I, for “any one or”.

 

12. The word “directly” omitted by Act 9 of 1938, sec. 5.

 

13. Subs. by Act 15 of 1933, sec. 7, for sub-section (3).

 

 

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Workmen’s Compensation Act, 1923

 

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