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Workmen's Compensation Act, 1923

15B. Special provisions relating to workmen aboard of companies and motor vehicles

This Act shall apply -

in the case of workmen who are persons recruited by companies registered in India and working as such aboard and persons sent for work abroad along with motor vehicles registered under the Motor Vehicles Act 1988 (59 of 1988) as drives helpers mechanics cleaners or other workmen subject to the following modifications namely :- The notice of the accident and the claim for compensation may be served on the local agent of the company or the local agent of the owner of the motor vehicle in the country of accident as the case may be. In the case of death of the workman in respect of whom the provisions of this section shall apply the claim for compensation shall be made within one year after the news of the death has been received by the claimant :

Provided that the Commissioner may entertain any claim for compensation in any case notwithstanding that the claim had not been preferred in due time as proved 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 workman 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 on 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 dependant or the person accused had an opportunity of cross-examining the witness and that the deposition if made in a criminal processing 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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