1. WORKMEN'S COMPENSATION ACT 1923 by : DR. T.K. JAIN AFTERSCHO ☺ OL centre for social entrepreneurship sivakamu veterinary hospital road bikaner 334001 rajasthan, india mobile : 91+9414430763

2. PURPOSE OF THE ACT TO PROVIDE COMPENSATION TO THE WORKER, WHEN THE WORKER HAS ANY DISABLEMENT

3. DEPENDENT Sec. 2(1)d : 1 st category : widow, minor son, unmarried daughter, widowed mother 2 nd category : son / daughter – who are infirm – and are dependent on the earnings of the worker 3 rd category : widower, parent other than mother, minor illegitimate child, minor brother, paternal grand parent etc.

4. What is disablement Loss in earning capacity. The worker must have suffered it for at least 3 days. Temporary : if not able to do present work permanent : if not able to do other work also. Partial or total = in total disablement, the worker has no capacity for any work.

5. Case : Ball v/s William Hunt Here a worker was blind in one eye – but it was not causing any problem in his work. He was getting job also. Later his eyeball was removed, and now people didnt give him job – although he was physically fit to do the work. The court held that incapacity to work includes inability to get work

6. Case study : New india assurance v/s Kotamappa Rao Doctor issued a certificate of 50% disability – stating he could not be driver. It was a non-scheduled injury, but commissioner granted 90% disablement – as in reality the person was not able to get job. So it depends on each case.

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