Full text: Report of the Royal Commission on Labour in India

WORKMEN'S COMPENSATION. 311 
the part of trade unions, knowledge of the law, which is evidently being 
diffused rapidly already, should become general among workmen. : 
Ignorance of Dependants. 
We doubt, however, if these methods will be adequate in the case 
of dependants and, having regard to the special difficulties in their way and 
to the great importance of ensuring that they do not lose the benefits of 
the Act through ignorance, their case demands further examination. 
Although it is satisfactory to note that the proportion of claims paid to 
possible claims is higher in cases of death than in cases of either 
permanent or temporary disablement, there are still cases where compen- 
sation for a fatal accident should be and is not claimed; and it is 
our opinion that, unless steps are taken to give some assistance to depend- 
ants in the matter, it will be long before they are able, as a class, to take 
tull advantage of the Act. In many cases they live hundreds of miles 
from the industrial areas, and too often they communicate only at long 
intervals with the workman whose dependants they are; on occasions 
they must be ignorant of his whereabouts, and they may not hear of his 
death until some time has elapsed. In most cases, moreover, the 
dependants with the best claim are women and children. The spread of a 
knowledge of the law in industrial areas should not be difficult and is, 
bo some extent, inevitable, but a long time must lapse before that know- 
ledge can be generally diffused in the countless distant villages where 
so many dependants live. 
Procedure in Fatal Accidents. 
After examining various alternative suggestions made to us 
in this connection, we consider that the best method of overcoming the 
difficulties would be to ensure that notices of fatal accidents are given to 
the Commissioner. The employer should be required to send with the 
notice, either the amount of compensation due (and the particulars neces- 
sary to enable the Commissioner to check that amount) or a statement 
disclaiming liability, with the grounds on which compensation is withheld. 
The notice should be compulsory in the case of all fatal accidents occur- 
ring to employees while they are on the employer's premises or while 
they are on duty elsewhere. A notice will thus be required in some 
cases in which the accident has not arisen in or out of employment ; in 
such cases it will be for the employer, in forwarding the notice, to set out 
clearly the circumstances which relieve him from liability. On receipt 
of a notice accompanying compensation, the Commissioner would take 
steps to distribute the amount ; on receipt of a notice disclaiming liabi- 
lity, it would be the duty of the Commissioner to satisfy himself that 
the grounds for such disclaimer were adequate. If he was not so satis- 
fied, he might either call upon the employer to show cause why he should 
not be ordered to deposit compensation, or ascertain the whereabouts 
of the dependants and inform them that it was open to them to prosecute 
a claim. If he took the former step, it would not, of course, prevent him 
so informing the dependants at any stage ; nor would such proceedings 
act as a bar to any subsequent claims by a dependant. We do not think
	        
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