Amendment status not verified — confirm the current text below against the official source.
Notice and claim.— (1) 1[No claim for compensation shall be entertained by a Commissioner unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within 2[two years] of the occurrence of the accident or in case of death within 3[two years] from the date of death:] Provided that where the accident is the contracting of a disease in respect of which the provisions of sub-section (2) of section 3 are applicable the accident shall be deemed to have occurred on the first of the days during which the workman was continuously absent from work in consequence of the disablement caused by the disease: 4[Provided further that in case of partial disablement due to the contracting of any such disease and which does not force the workman to absent himself from work the period of two years shall be counted from the day the workman gives notice of the disablement to his employer: Provided further that if a workman who, having been employed in an employment for a continuous period, specified under sub-section (2) of section 3 in respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected:] 1 Subs, by Act 9 of 1938, sec. 5, for certain words 2 Subs, by Act 8 of 1959, sec. 8, for “one year” (w.e.f. 1-6-1959). 3 Subs, by Act 8 of 1959, sec. 8, for “one year” (w.e.f. 1-6-1959). 4 Ins. by Act 64 of 1962, sec. 5 (w.e.f. 1-2-1963). 16(3) The Workmen's Compensation Occupational Diseases (Punjab) Rules, 1964 1[Provided further that the want of or any defect or irregularity in a notice shall not be a bar to the 2[entertainment of a claim]— (a) if the claim is 3[preferred] in respect of the death of a workman resulting from an accident which occurred on the premises of the employer, or at any place where the workman at the time of the accident was working under the control of the employer or of any person employed by him, and the workman died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred, or (b) if the employer 4[or any one of several employers or any person responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed] had knowledge of the accident from any other source at or about the time when it occurred:] Provided further that the Commissioner may 5[entertain] and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been 6[preferred], in due time as provided in this sub-section, if he is satisfied that the failure so to give the notice or 7[prefer] the claim, as the case may be, was due to sufficient cause. (2) Every such notice shall give the name and address of the person injured and shall state in ordinary language the cause of the injury and the date on which the accident happened, and shall be served on the employer or upon 8[any one of] several employers, or upon any person 9[***] responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed. 10[(3) The State Government may require that any prescribed class of employers shall maintain at these premises al which workmen are employed a notice book, in the prescribed form, which shall be readily accessible al all 1 Ins. by Act 15 of 1933, sec, 7. 2 Subs, by Act 9 of 1938, sec. 5, for “maintenance of proceedings”. 3 Subs, by Act 9 of 1938, sec. 5, for “made”. 4 Ins. by Act 9 of 1938, sec. 5. 5 Subs, by Act 9 of 1938, sec. 5, for “admit”. 6 Subs, by Act 9 of 1938, sec. 5, for “instituted”. 7 Subs, by Act 9 of 1938, sec. 5, for “institute”. 8 Subs, by Act 7 of 1924, sec. 2 and Sch. I, for “any one or”. 9 The word “directly” omitted by Act 9 of 1938, sec. 5. 10 Subs by Act 15 of 1933, sec. 7, for sub-section (3), 16(3) The Workmen's Compensation Occupational Diseases (Punjab) Rules, 1964 reasonable times to any injured workman employed on the premises and lo any person acting bona fide on his behalf. (4) A notice under this section may be served by delivering it at, or sending it by registered post addressed to, the residence or any office or place of business of (he person on whom it is to be served, or, where a notice book is maintained, by entry in the notice book.] Liability of insurance company Insurance company cannot escape liability simply because the notice was not issued to the Insurance Company. Notice to the owner of the vehicle is good enough; Ram Karan v. Vijay anand, 1995 LLR 69 (MP). Posthumous registration for purposes of insurance is an insured person An employee suffering employment injury granted posthumous registration for the purposes of insurance is nonetheless an insured person; Bharagath Engineering v. R. Raganayaki, (2003) 2 SCC 138. 1[10A. Power to require from employers statements regarding fatal accidents.— (1) Where a Commissioner receives information from any source that a workman has died as a result of an accident arising out of and in the course of his employment, he may send by registered post a notice to the workman’s employer requiring him to submit, within thirty days of the service of the notice, a statement, in the prescribed form, giving the circumstances attending the death of the workman, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death. (2) If the employer is of opinion that he is liable to deposit compensation, he shall make the deposit within thirty days of the service of the notice. (3) If the employer is of opinion that he is not liable to deposit compensation, he shall in his statement indicate the grounds on which he disclaims liability. (4) Where the employer has so disclaimed liability, the Commissioner, after such inquiry as he may think fit, may inform any of the dependants of the deceased 1 Ins. by Act 15 of 1933, sec. 8. Case Law 16(3) The Workmen's Compensation Occupational Diseases (Punjab) Rules, 1964 workman that it is open to the dependants to prefer a claim for compensation, and may give them such other further information as he may think fit. 1[10B. Reports of fatal accidents and serious bodily injuries.— (1) Where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring on his premises which results in death 2[or serious bodily injury], the person required to give the notice shall, within seven days of the death 3[or serious bodily injury], send a report to the Commissioner giving the circumstances attending the death 4[or serious bodily injury]: Provided that where the State Government has so prescribed the person required to give the notice may instead of sending such report to the Commissioner send it to the authority to whom he is required to give the notice. 5[Explanation.—”Serious bodily injury” means an injury which involves, or in all probability will involve the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb, or the enforced absence of the injured person from work for a period exceeding twenty days.] (2) The State Government may, by notification in the Official Gazette, extend the provisions of sub-section (1) to any class of premises other than those coming within the scope of that sub-section, and may, by such notification, specify the persons who shall send the report to the Commissioner.] 6[(3) Nothing in this section shall apply to factories to which the Employees’ State Insurance Act, 1948 (34 of 1948), applies.]