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Report No. 62

4.7. Section 8(5)-Desirability of guidelines-Recommendation.-

It is plain that distribution of the compensation amongst the dependants is a matter entirely for the determination of the Commissioner and sub-section (5)1 furnishes no guidelines to him. In our view it is desirable to insert some guidelines in this regard. Without attempting to be exhaustive we may state that the Commissioner should take into account

(i) nearness of relationship--e.g., the dependant being the widow, child or parent of the deceased;

(ii) the means of the dependant and the extent of his dependence on the workman;

(iii) the desirability of not distributing compensation amongst a very large number of persons-which may lead to its being frittered away.

We therefore recommend that the following proviso should be inserted below section 8(5):

"Provided that in exercising his discretion under this sub-section, the Commissioner shall have due regard to-

(i) the nearness of relationship of the dependant to the deceased;

(ii) the means of the dependant and the extent to his dependence on the deceased;

(iii) the desirability of ensuring that the amount of compensation is not distributed amongst an excessively large number of persons so as to lead to its being frittered away; and

(iv) other relevant considerations."

1. Para. 4.6, supra.

Workmens Compensation Act, 1923 Back

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