Scope & Applicability of the Act -

The Act extends to whole of India. It applies to

workmen employed in factories, mines,
plantations, transport establishments, construction
works, railways, ships, circuses and other
hazardous occupations and employment specified
in schedule II of the Act.

Objects of the Act:

(1) The Act considers compensation payable by an
employer to his workmen in case of an accident as
a measure of relief and social security. It enables
workman to get compensation irrespective of his
negligence.
2. The act also lays down various amount of
compensation payable in case of an injury
depending upon the type and extent of injury.
3. The Act provides special machinery to deal with
the cases of compensation in case of accidents and
to make arrangement for some prompt
compensation to the injured workman who can not
afford to go to the court of law.
Therefore, provides simple, cheap, and prompt
procedure for recovery of compensation and
relieves the parties of unnecessary litigation.

Sec 2(1) (d) defines dependents as a

widow, a minor son, an unmarried
daughter, or a widowed mother, parent, a
minor illegitimate son, a minor brother or
sister, a widowed daughter in law, a minor
child of predeceased son or daughter (only
when no parents are alive), a paternal grand
father if no parent of the workman is alive.
Case Law: R.B. Moondra & Co v Mst Bhanwari AIR
(1970) Raj 111 Held even after remarriage a widow
remains dependent within the meaning of the
WCA,1923.

Sec 3: Employer’s Liability for compensation

An employer is liable to pay compensation to a
workman (1) for personal injury caused to him by
accident arising out of and in the course of
employment (2) for any occupational disease
contracted by him.
The liability of the employer to pay compensation is
dependent upon the following four conditions:
(i) Personal injury must have been caused to the
workmen;
(ii) Such injury must have been caused by an
accident;
(iii) such accident must have been arisen out of and
in the course of employment; &
(iv) the injury must have resulted either in death of
workman or his total or partial disablement
The employer shall not be liable to pay
compensation in the following cases:
(i) if the injury did not result in total or partial
disablement of workmen for a period of 3 days.
(ii) In respect of any injury not resulting in death or
permanent total disablement the employer can
plead:
(a) that the workmen was at the time of accident
under the influence of drinks or drugs;
(b) that the workmen willfully disobeyed an order
expressly given or a rule expressly framed for the
purpose of securing safety of workmen; &
(c) That the workman having known that certain
safety guards or safety devices are specifically
provided for the purpose of securing the safety of
workmen, willfully disregarded and removed the
same.
Case study:
1. State of Raj v Ram Prasad (2001) LLJ 177 SC
-lightening at site caused death of workmen

2. R.B. Moondra & Co. v Bhanwani AIR 1970 Raj

111-petrol tank was leaking…

3. M Mackenzie v IM Issak AIR 1970 SC 1906

Shaikh Hussain Ibrahim a seaman on ship
‘Dwarika’ was last seen on 16 Dec 1961…
Answer
(i) Held employer liable.

(ii) Held employer liable.

(iii) Held employer not liable

4. Kamala Bai v Divisional Supdt Central Railway
Nagpur(1971) I LLJ 603 (Bombay)
a goods train driver while on duty collapsed and
died. He was suffering from heart disease.
Held employer not liable
5. Tejubai v GM Western Rly, Bombay (1983) Lab
IC 119. An asst train driver while on duty
complained of chest pain. During his tour of duty
he suffered heart attack and died in hospital.
Held: employer liable.