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Unit 2: Definitions under Workmen’s Compensation Act, 1923

4. The period of limitation for an appeal under this section shall be 60 days and the provisions of Notes
Section 5 of the Indian Limitation Act, 1908, shall be applicable to appeals under this section.

Notes The period of limitation for an appeal under Section 30 is sixty days (Sections 10
and 30).

Administration

The Act is administered by state governments which are required to appoint Commissioners for
Workmen’s Compensation. The functions of the Commissioner include:
(i) Settlement of disputed claims;

(ii) Disposal of cases of injuries involving death; and
(iii) Revision of periodical payments (Section 20).
The Commissioner may recover as an arrear of land revenue any amount payable by any person
under this Act, whether under an agreement for the payment of compensation or otherwise
(Section 31).
The Act made provision for the framing of the rules by the State and Central Government and
also their publication (Section 32-36).

Self Assessment

State whether the following statements are true or false:
13. The compensation payable to the workman or to his dependents cannot be assigned,
attached or charged.
14. In case the compensation is not paid by the employer, the workman concerned or his
dependents may claim the same by filing an application before the Commissioner for
Workmen’s Compensation.
15. The percentage loss of earning capacity depends on the loss of limbs and varies from 1 per
cent to 50 per cent.

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Case Study Supreme Court of India Judgment in
Eshwarappa @ Maheshwarappa and Anr. Vs.
C. S. Gurushanthappa and Anr.

certain Basavaraj was the driver of a privately owned car. In the night of October
28, 1992 he took out the car for a joyride and along with five persons, who were
Ahis neighbours, proceeded for the nearby Anjaneya temple for offering pooja. On
way to the temple the car met with a fatal accident in which Basavaraj and four other
occupants of the car died; the fifth passenger sustained injuries but escaped death. One of
the persons dying in that motor accident was Nagaraj, whose parents are the appellants
before this Court.

Contd....

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