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Report No. 62

4.13. Recommendation regarding section 8(5).-

We are, however, of the view that the right should not so vest and that in the case of death of a dependant before the order under section 8(5) is passed, the amount should be subject to distribution amongst others (see the English section).1 If the death occurs after the order but before the actual payment, the same principle should apply and the amount should be subject to re-distribution among the surviving dependants held entitled. We think that the scheme of the Act is that the factum of dependence is the primary consideration. We recommend that suitable provisons2, be inserted in this behalf.

1. Para. 4.10, supra.

2. Draft not annexed.

Workmens Compensation Act, 1923 Back

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