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Report No. 62

3.8. Section 51A, Employees' State Insurance Act.-

We shall first take up section 51A of the Employees' State Insurance Act, 1948 which provides as follows:-

"51A. For the purposes of this Act, an accident arising in the course of an insured person's employment shall be presumed in the absence of evidence to the contrary, also to have arisen out of that employment."

It will be noticed that while section 3(1) of the Workmen's Compensation Act requires proof of two facts,1 the above section of the Employees' State Insurance Act renders proof of one fact unnecessary. We are of the view that since the provision in the latter Act is a beneficial one and obviously serves social justice, it should be adopted.

1. Para. 3.1A, supra.

Workmens Compensation Act, 1923 Back

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