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Report No. 62

2.12. Recommendation.-

It appears desirable to make a specific provision to the effect that a child who was in the womb at the time of the death of the workman, and who is subsequently born alive, has the same right to be treated (as a dependant) as if he or she had been born before the death of the workman.1 We recommend accordingly. This recommendation is confined to an unborn child of the workman and will not include any other unborn dependants.

There should not be any consequential complications. If the child is actually born alive before the award of compensation, the amount due to him can be suitably invested. If he is not born by that time, a suitable provision could (if necessary), be inserted2 for safeguarding his rights and for ultimate adjustment of the position if a live birth does not take place.

1. Compare section 20, Hindu Succession Act, 1956 (para. 2.11, supra).

2. Section 8 could be amended suitably, if necessary.



Workmens Compensation Act, 1923 Back




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