Workmen's Compensation Act, 1923, S. 3(5) - Remedies open to an injured workman or the Legal Representatives of a deceased workman under the Workmen's Compensation Act, 1923 or before a Civil Court are in the alternative. [PLRonline 213901]

Workmen's Compensation Act, 1923, Section 3(5) – Remedies open to an injured workman or the Legal Representatives of a deceased workman under the Workmen's Compensation Act, 1923 or before a Civil Court are in the alternative – If the injured workman or the legal representatives of a deceased workman have already filed a suit before a civil court claiming damages for the injury or death as the case may be, no claim for payment of compensation would lie before the Commissioner under the Act – Similarly, no suit for damages would lie in respect of any injury where the injured has instituted a claim before the Commissioner under the Act or where the parties have arrived at an agreement providing for payment of compensation in accordance with the provisions of the Act – What is important is that neither Section 3 nor any other provision of the Act excludes in specific terms the jurisdiction of a civil court to entertain a claim for payment of compensation – No such exclusion can even be implied in the face of Section 3(5) which recognizes the right of a workmen to approach a civil court for damages for an injury against his employer or any other person.[Para 9, 10]

Tags: Accident adverse inference Children conduct Contract def employees compensation act s. 3(5)Employment Evidence Filing FIR Gm insurance Interest Judgment Jurisdiction Minor Motor Vehicles Act Pension Pleadings Readiness res ipsa loquitur Service Settlement Suit for damages Tender Title Will Writ Written Statement

Adverse possession - Public use - Adverse possession - In such cases, on the land reserved for public utility, it is desirable that rights should not accrue. [PLRonline 203208]

"Importance of Corroboration in Criminal Trials: Extra-Judicial Confession as a Weak Piece of Evidence"

Workmen’s Compensation Act, 1923, S. 3(5) – Remedies open to an injured workman or the Legal Representatives of a deceased workman under the Workmen’s Compensation Act, 1923 or before a Civil Court are in the alternative. [PLRonline 213901]

Related Posts

Employees Compensation Act 2010 – Injury during employment – Permanent disability – Contradictory reports – Appellant did suffer the injuries due to fall and at the relevant time, it affected his 60% earning capacity, it may not be that nothing was to be awarded to the appellant

Welcome Back!

Create New Account!

Retrieve your password

Save PLRonline.in APP!