Chapter: 4.1.1 Workmens Compensation Act, 1923

Under the Act a dependent means any of the following relatives of a deceased workman i.e. widow, minor legitimate son, an unmarried legitimate daughter or a widowed mother and if wholly dependent on the earning 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, 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 daughter legitimate or illegitimate of married and a minor 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 
(h) a paternal grandparent if the parent of the workman is alive. 

The employer under the Act includes any body of persons whether incorporated or not and any managing agent of an employer and the legal Representative of a deceased employer and when the services of a workman are temporarily lent or let on hire to another person by the person whom the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him.

A managing Agent means any person appointed or acting as the representative of another person for the purpose of carrying on the other person's trade or business but does not include an individual manager subordinate to an employer.

Partial disablement means "Where the disablement is of a temporary nature such disablement reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement and where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time, provided that the injury is deemed to result into a permanent partial disablement". Total disablement means "such disablement whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement".

Under Section 3 of the Workmen's Compensation Act, the Employer is liable for payment of compensation, if personal injury is caused to a workman by accident arising out of and in the course of his employment, the employer is liable to pay compensation as per the calculations.

The employer is not liable to pay compensation in respect of any injury which does not result in total or partial disablement of the workmen for a period exceeding 3 days. Secondly, injury not resulting into death or permanent total disablement caused by accident which is directly attributable to the workman being under influence of drug or drinks, wilful disobedience of the workman, wilful removal or disregard by the workman of any safety guard or device which was being provided for safety.