Report No. 62
Chapter 3
Right to Compensation
3.1. Introductory.-
We propose to devote this Chapter to a discussion of certain basic questions concerning the workman's right to compensation dealt with in sections 3, 4 and 4A of the Act. The employer's liability to pay compensation is the subject-matter of section 3 where the scope of that liability is defined elaborately. The amount of compensation forms the subject-matter of section 4. Section 4A provides that compensation payable under section 4 is to be paid as soon as it falls due. The three sections occupy two printed pages in the Act; we shall concentrate on such of them as are material.
3.1A. Section 3(1), main para.-
The main paragraph of section 3(1) creates the right to compensation. If a personal injury is caused to a workman by an accident 'arising out of and 'in the course of his employment', his employer will be liable to pay compensation in accordance with the provisions of the Chapter.
3.1B. Medical expenses question considered-Suggestion to extend E.S.I. Act.-
We notice that a workman who is injured does not get medical expenses under the Workmen's Compensation Act. We suggest to Government that the Employees' State Insurance Act, 1948 which is more liberal in this regard, should be extended to more employments. We cannot recommend an amendment in the Workmen's Compensation Act on this point because such an amendment would practically assimilate the Workmen's Compensation Act to the Employees' State Insurance Act. But, having regard to the considerations of social justice, it is in our view highly desirable that this aspect of the matter be attended to and the question of extension of the Act of 1948 to various employments to which it does not now extend should be actively considered.
3.1C. Section 3(1), proviso (a).-
Section 3(1) proviso (a) enacts that the employer shall not be liable to pay compensation in respect of any injury that does not result in the total or partial disablement of the workman for a period exceeding three days. The reason is obvious.
