Report No. 62
3.42. Recommendation to revise section 3(5).-
We recommend the following re-draft of section 3(5) in the light of the above discussion.-
Revised section 3(5)1-"Nothing herein contained shall be deemed to confer any right to compensation on a workman in respect of any injury if he has instituted in a Civil Court against the employer or any other person, a suit for damages in respect of the injury and no suit for damages shall be maintainable by a workman in any civil court in respect of any injury-
(a) if he has instituted a claim to compensation in respect of the injury before a Commissioner; or
(b) if an agreement has been reached between the workman and his employer providing for the payment of compensation in respect of the injury in accordance with the provisions of this Act and has been registered under this Act.
Explanation.-In this section-
(a) civil court' includes a tribunal having jurisdiction to entertain a claim for compensation in respect of any injury; and
(b) 'suit' includes such claim before such tribunal."
1. To be re-numbered if the suggestion to re-number section 3(2) etc. as section 3A is accepted.
3.42A. Claims under other Acts.-
We are of the view that where a claim for compensation for an accident which could have been made under the Workmen's Compensation Act, is made before a civil court or other tribunal, the provisions of the Workmen's Compensation Act as to right to compensation (both of the workmen and the dependants) should apply, and the question of quantum of compensation should also be determined in accordance with the provisions of the Workmen's Compensation Act. The principal idea is that the beneficial provisions of the Act excluding certain defences should be attracted, as also provisions as to persons who are dependants. Irrespective of the form, the principles governing these matters ought to be the same in respect of such claims. The new proposal will apply to claims before civil courts as well as tribunals.
3.42B. Recommendation to insert new sub-section.-
Accordingly, we recommend that the following new sub-section should be inserted in section 3:-
"Where in respect of a death or personal injury, a claim for compensation which could have been made under this Act, is made before a civil court or before a tribunal, the provisions of this Act as to the right to compensation (both of the workmen and of the dependants), shall apply to such claim and the amount of compensation shall also be determined as far as may be in accordance with the provisions of this Act."
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