Law:

Section:

(a) Workmen's Compensation Act (VIII of 1923) ---- S. 3(5) (a) Compensation Bar to institution of suit Section 3(5)(a), Workmen's Compensation Act, 1923 Bars suit by workmen only when workman himself files claim before Com¬missioner for Workmen's Compensation Drawing out of sum deposited by employer Different from institution of claim¬ Such conduct of workmen, held, does not bring him within mischief of cl. (a) of S. 3(5). [Jurisdiction]. (b) Workmen's Compensation Act (VIII of 1923) S. 3(5) (h) read with S. 28 Bar to institution of suit Registration of agreement Persuasion of injured person by employer to accept offer of compensation for injury received Not enough Employer, after obtaining workman's consent to such agreement required to send "a memorandum thereof to Com-missioner" Commissioner in his turn bound to intimate such fact to workman, entertain his representation, if any, and hear him Commissioner thereafter can register agreement if satisfied as to compensation offered being adequate and not obtained by taking advantage of superior bargaining power Claim of workman in civil Courts, held, barred only when agreement registered. [Jurisdiction]. (c) Workmen's Compensation Act (VIII of 1923) S. 19 Scope Cause of action for claim under Workmen's Compensation Act, 1923 Different from cause of action for claim in tort Difference stated. A workman's cause of action for a claim under the Workmen's Compensation Act, 1923 is different from his cause of action for a claim in tort, because the employs liability under the said Act is much more stringent than under the law of Tort. The employer is liable to compensate his workman section 3 of the said Act for any injury "caused to a work¬man by accident arising out of and in the course of his employment" unless the accident is directly attributable to the workman having been under the influence of drinks or drugs at the time of the accident, or unless the accident is due to the wilful disobedience of the workman to orders expressly given or rules expressly framed in securing the safety of worken or unless the accident is caused by the willful removal or disregard by the workman of any safety guard or other device…

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