Chapter: 4.5.1 Schedule in the Workmens Compensation Act

Insolvency of Employer - Where any employer has entered into a contract with any is serves in respect of any liability to any workman, then in the event of the employer becoming insolvent, in the event of the company having commenced to be worked up, the rights of the employers against the insurers in respects of the liability, notwithstanding any thing in law for the time being in forces relating to insolvency or winding up for companies, be transferred to the insurers shall leave the same rights and remedies as of the employer.
The liability of the insurers to the workman is less than the liability of the employer to the workman. In case of the contract of the employer with the insurers is void or voidable by reason of noncompliance on the part of the employer with any terms and conditions of the Contract, the insurers shall be entitled to prove in the insolvency proceedings or liquidation for the amount paid to the workman United India Insurance Corporation V/s Alphonsa 1988 II CLR 25 (Ker H.C.) - Insurers instead of the employer can be directed to pay compensation to the workman.
Special provisions relating to workman abroad of companies and motor vehicles:
In case of workman who are persons recruited by companies registered in India and working as such abroad and persons sent for work aboard alongwith motor vehicles registered under the Motor Vehicles Act 1988 as drivers, helpers, Mechanics cleaners or other workman, the notice of accident and the claim for compensation may be served on the local agent of the company or the local agent of the owner of the motor vehicle in the country of the accident. In case of death of the workman in respect of the claim of the compensation, it shall be made within 1 year after the news of death received by claimant. Where an injured workman is discharged or left behind in any part of India or in any other country any deposition taken by any Judge or Magistrate in that part or by any consular officer in the foreign country and transmitted by the person by whom they are taken to the Central Government or State Government shall in any proceedings for enforcing the claims be admission in evidence if,
(a) the deposition is authenticated by the signature of a Judge magistrate
(b) if the defendant had an opportunity by himself or his agent to cross examine the witness
(c) if the deposition was made in the course of a criminal proceeding on proof that the deposition was made in the presence of the person accused and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition.
Every person employing workman shall send at such time and in such form to the authority a correct return specifying the number of injuries in respect of the compensation has been paid by the employer during previous year and the amount of compensation together with the particulars.
Any contract or agreement whether made before the commencement of this Act whereby a workman relinquishes any right of compensation from the employer for personal injuries arising out of or in they course of the employment shall be null and void in so far as it purports to remove or reduce the liability of any person to pay compensation under this Act.
If any question arises in any proceedings under this Act as to the liability of any person to any compensation or as to the amount of or duration of compensation the question shall, in default of agreement be settled by a commissioner.
Where any matter is under this Act to be done by or before a commissioner the same shall subject to the provisions of this Act and to any rules thereunder be done by of before a commissioner for the area in which.
(a) The accident took place which resulted in the injury.
(b) The workman or in case of his death the dependent claiming the compensation ordinarily resides.
(c) The employer has his registered office.
Provided that the commissioner shall not proceed on the matter unless the commissioner has jurisdiction over the area in which the accident took place.
Where an accident occurs in respect of which liability to pay compensation under this Act arises, a claim for such compensation may subject to the, provisions of this Act.
No application for the settlement of any matter by a commissioner other than an application by a dependent or dependents for compensation shall be mad unless and until some question has arisen between the parties in connectio therewith which they have been unable to settle by agreement.
An application to the commissioner may be made in such form and shall b f accompanied by such fee as may be fixed and shall contact in the particular a concise statement of the circumstances in which the application is made an I, the relief or order which the applicant claims.                              
In case of a claim for compensation against the employer the date of service o , notice of accident on the employer and such notice has not been served upo the employer in due time and the reasons for such omissions the names a addresses of the parties the concise statement of the matters on which 1 agreement has come and those in the agreement which has not come.
If the applicant is illiterate and is unable to furnish the required information in writing the application shall if the applicant so desires be prepared under the direction of the commissioner.
The commissioner shall have the powers of the Civil Court under the Code of Civil Procedure for the purpose of recording evidence, enforcing the attendance of witnesses, compelling the production of documents and material objects.
Where the amount of any lump sum payable as compensation has been steeled by agreement whether by way of redemption of a half monthly payment or otherwise where any compensation has been so settled a being payable a memorandum thereof shall be sent to the commissioner on being satisfied as to the genuineness record the memorandum in a register in the prescribed manner.
Provided that no such memorandum shall be recorded seven days after the communication by the commissioner of notice to the parties concerned, The commissioner may at any time rectify the register.
Where it appears to the commissioner that an agreement as to the payment of lump sum whether by way of redemption of a half monthly payment or otherwise of an agreement as to the amount of compensation payable ought not to be registered by reason of the inadequacy of the sum or amount or by reason of the agreement been obtained by fraud or undue influence or other improper means.
The commissioner may recover the amount of compensation as an arrear of land revenue any amount under the act whether under the agreement or otherwise.