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Report No. 62

2.2. Section 2(1)(d)-"Dependant"-basic Principle.-

We shall concentrate on important definitions. We first take up section 2(1)(d) which defines the expression "dependant". This is one of the most important definitions in the Act, because on it depends the right of a person to participate in compensation payable on the death of the workman.

The definitions of "dependant" is as follows:-

(d) "dependant" means any of the following relatives of a deceased workman, namely:-

(i) a widow, a minor legitimate son, and unmarried legitimate daughter, or a widowed mother; and

(ii) if wholly dependent on the earnings of the workman at the time of his death, a son or a daughter who has attained the age of 18 years and who is infirm;

(iii) if wholly or in part dependent on the earnings of the workman at the time of his death,

(a) a widower,

(b) a parent other than a widowed mother,

(c) a minor illegitimate son, an unmarried illegitimate daughter, or a daughter legitimate or illegitimate if married and a minor, or if widowed and a minor,

(d) a minor brother or an unmarried sister or a widowed sister if a minor,

(e) a widowed daughter-in-law,

(f) a minor child of a pre-deceased son,

(g) a minor child of a pre-deceased daughter where no parent of the child is alive, or

(h) a paternal grand parent if no parent of the workman is alive.

The basic principle underlying the provision entitling the dependants to claim compensation1 under the Act, is that there should not be a sudden economic dislocation in the family by reason of death of the workman. The list of dependants is based on certain assumptions as to dependence, having regard to Indian social conditions.

1. Section 8(5).

Workmens Compensation Act, 1923 Back

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