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Report No. 62

1A.16. Liability confined to personal injury.-

The liability to pay compensation under the Act is confined to "personal injury"-an expression not defined in the Act. The injury must have been caused by "accident". This expression is also not defined in the Act, though, as pointed out above,1 there is a special provision regarding certain diseases. The accident must arise "out of and in the course of employment"-a phrase which, of necessity, must be interpreted in the light of the facts in each case.

If liability arises under the Act, compensation is payable by the "employer"-which expression is defined2 in the Act. Lastly, the liability is owed only to a 'workman'3-which is an important expression and which is defined in the Act,4 so as to include his dependants. The injury must arise "out of and in the course of his employment". These words were used in England in the old Workmen's Compensation Acts from 1897 to 1945. The self-same words have been used in England in the Road Traffic Acts, 1930 to 1960. They have also been used in Employer's liability policies. This expression, is, perhaps, the most important one in the Act.

1. See supra.

2. Section 2(1)(e):

3. Section 2(1)(n), read with the Second Schedule.

4. See infra.

Workmens Compensation Act, 1923 Back

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