This document outlines the key provisions of "The Workmen's Compensation Act" in India. It provides compensation to workmen who are injured in an accident that arises out of and in the course of their employment. It covers accidents resulting in death, total or partial disability. Employers are liable to pay compensation. Certain exceptions apply if the injury was due to the willful misconduct of the workman or self-inflicted while under the influence of alcohol/drugs. The document also discusses what constitutes an accident in the context of employment through examples of court cases.

1. Presented by:
Bithiah Job &
Rini Joshi

2. “An Act to provide for the payment by
certain classes of employers on the
workmen of compensation for injury
by accident”.
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3. Provision for compensation:
 Injury by an accident
 To the dependant
 Security and guarantee against
hazards
 To exclude non workmen
 Protection to a workman
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4.  Extends to the WHOLE OF INDIA
 Important matters:
- EMPLOYER‟S LIABILITY FOR
COMPENSATION
- AMOUNT
- METHOD OF CALCULATING WAGES
- DISTRIBUTION OF COMPENSATION
- NOTICE AND CLAIM
- PENALTIES, etc.
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5.  Personal injury to the workman.
 Personal injury should be an
accident.
 Personal injury arising out of and in
the course of employment.
 Injury resulting into death or total or
partial disablement.
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6.  „Occupational disease‟ is contacted
due to the peculiar situation.
 Workmen not under the influence of
alcohol or drugs.
 No willful disobedience by
workman.
 No willful removal or disregard to
safety guard by the employer.
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7.  Personal injury does not result in
death or full or partial disablement
to workmen.
 The workman was under the
influence of alcohol or drugs.
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8.  The workman willfully disobeyed or
violated any rules.
 The removal or disregard of any
safety guards by the workman
knowingly.
 Occupational disease is not
contacted due to the peculiar
situation.
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9.  Casual relationship between
accident and employment.
 Claimant able to prove the accident
arose out of and in the course of
employment.
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10.  Not mandatory that workman was
actually doing his work at the time of
death.
 Workman should be employed on or
performing the duties related to his
employment when accident occurs.
 Accident occurred at or about the place of
work.
 The act that resulted in an accident was
related with the performance of his duties.
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11.  Public Works department v/s Kaunsa
Gokul, 1967
A gang Jamadar who was on his way to the
office of PWD to collect the salary of the
labourers was murdered, and his dead body
was found at a considerable distance from the
place where the labourers of his gang were
actually working on the road.
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12.  Mohanlal Prabhuram v/s Fine Knitting
mills Co. Ltd.
A workman was assaulted by one of the
employees of the mill, who was assisted
by some outsiders. The assault resulted
in fracturing the workman's hand.
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13.  National Iron and Steel Ltd. v/s
Manorama
A boy was employed by the company to work
in a tea stall. His duty also pertained to take tea
from the stall situated outside the factory gate
to various workmen, working in the factory.
One day, after serving the tea, he was coming
out of the factory and had to pass through a
violent mob of the factory workers. The police
were attacked by the mob and they opened fire
on the mob in self defense. The boy was
wounded by a bullet injury and died in the
hospital.
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