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Workmen's Compensation Act, 1923

15A. Special provisions relating to captains and other members of crew of aircraft

This Act shall apply in the case of workmen who are captains or other members of the crew of aircraft subject to the following modifications namely :

The notice of the accident and the claim for compensation may except where the person injured is the captain of the aircraft be served on the captain of the aircraft as if he were the employer but where the accident happened and the disablement commenced on board the aircraft it shall not be necessary for any member of the crew to give notice of the accident. In the case of the death of the caption or other member of the crew the claim for compensation shall be made within one year after the news of the death has been received by the claimant or where the aircraft has been or is deemed to have been lost with all hands within eighteen months of the date on which the aircraft was or is deemed to have been so lost : Provided that the Commissioner may entertain any claim for compensation in any case notwithstanding that the claim has not been preferred in due time as provided in this sub-section if he is satisfied that the failure so to prefer the claim was due to sufficient cause.

(3) Where an injured captain of other member of the crew of the aircraft is discharged or left behind in any part of India or in any other country any depositions taken by any Judge or Magistrate in that part or by any Consular Officer in the foreign country and transmitted by the person by whom they are taken to the Central Government or any State Government shall in any proceedings for enforcing the claims be admissible in evidence -

(a) if the deposition is authenticated by the signature of the Judge Magistrate or Consular Officer before whom it is made;

(b) if the defendant or the person accused as the case may be had an opportunity by himself or his agent to cross-examine the witness;

(c) if the deposition was made in the course of a criminal proceeding on proof that the deposition was made in the presence of the person accused and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity of cross-examining the witness and that the deposition if made in a criminal proceeding was made in the presence of the person accused shall unless the contrary is proved be sufficient evidence that he had that opportunity and that it was so made.

Workmen's Compensation Act, 1923 Back

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