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Report No. 62

4.12. Madras view.-

As was held in a Madras case,1 under section 8, sub-section (4), the right of the employer to get a refund arises only when a workman dies without any dependant and the Commissioner at the time of the distribution knows that he has left no dependant within the meaning of the Act. But, if the workman leaves a dependant and the claim of that dependant is recognised by the Commissioner as the person entitled to receive the compensation, any claim on the part of the employer for a refund can no longer arise under that clause. This is no doubt the present position. The right to compensation vests in the dependant on the death of the workman, subject to the order of the Commissioner tinder section 8(5).

1. Abdurrahrnan v. Beeran Koya, AIR 1938 Mad 402.

Workmens Compensation Act, 1923 Back

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