Page 229 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes (g) a minor child of a predeceased daughter, where no parent of the child is alive,
or
(h) a paternal grandparent, if no parent of workman is alive.

Where a person claims compensation as a dependant of the deceased workman, he must
establish that he is a dependant within the meaning of the Act. In all those cases, the
question of payment of compensation is conditioned by such claimant being, wholly or in
part, dependant upon the earnings of the workman; it is not necessary for the dependents
to obtain written letters of administration or a succession certificate. Dependant does not
include all the heirs of a workman but only those who, to some extent, depend upon him.
Kinship, coupled with dependency, is made the sole criterion for a person to fall within
the ambit of the definition of dependant.
2. Partial Disablement: Such disablement is of two kinds:

(i) Temporary partial disablement
(ii) Permanent partial disablement
The test of such disablement is the reduction in the earning capacity of the workman. If the
earning capacity of a workman is reduced in relation to the employment he had been at
the time of the accident resulting in such disablement, it is temporary partial disablement.
If the injury caused by an accident results in the reduction of the earning capacity in respect
of employment, which the workman was capable of undertaking at the time of accident, it
is permanent partial disablement. Compensation under the Act is payable only if the
injury caused by an accident results in workman's disablement exceeding three days.
To determine whether the injury is permanent or temporary, the courts have to see whether
the injury has incapacitated the workman from every employment, which he was capable
of undertaking at the time of accident or merely from the particular employment in which
he was at the time of the accident resulting in disablement. In the former case, the
disablement is partial but permanent; in the latter case, it is temporary.

Loss of earning capacity or the extent of it is determined by taking into account the
diminution or destruction of physical capacity as disclosed by the medical evidence and
then, it is to be seen to what extent such diminution or destruction would reasonably be
taken to have disabled the affected workman from performing the duties, which a workman
of his class ordinarily performs.
3. Total Disablement: When a workman is incapacitated from doing any work, which he was
capable of performing at the time of the accident, resulting in such disablement, it is total
disablement. Incapacity for all work is different from the incapacity for the work which a
workman was doing at the time of accident. It is further provided in the Act that permanent
total disablement shall be deemed to result from any combination of injuries in Part II of
Schedule I, where the aggregate percentage of the loss of earning capacity, as specified
against those injuries amounts to one hundred per cent or more.
4. Wages: Wages are defined as any privilege or benefit which is capable of being estimated
in money. The following are not wages:
(a) Traveling allowance or the value of any traveling concession
(b) Contribution paid by the employer of a workman towards:
(i) Any pension, or

(ii) Any provident fund

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