Amendment status not verified — confirm the current text below against the official source.
Liability to give relief in certain cases on principle of no fault.—(1) Where death or injury to any person (other than a workman) or damage to any property has resulted from an accident, the owner shall be liable to give such relief as is specified in the Schedule for such death, injury or damage. (2) In any claim for relief under sub-section (1) (hereinafter referred to in this Act as claim for relief), the claimant shall not be required to plead and establish that the death, injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default of any person.tc "(2) In any claim for relief under sub-section (1) (hereinafter referred to in this Act as claim for relief), the claimant shall not be required to plead and establish that the death, injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default of any person." Explanation.—For the purposes of this section,—tc "Explanation.—For the purposes of this section,—" (i) “workman” has the meaning assigned to it in the Workmen's Compensation Act, 1923 (8 of 1923);tc " (i) “workman” has the meaning assigned to it in the Workmen's Compensation Act, 1923 (8 of 1923);" (ii) “injury” includes permanent total or permanent partial disability or sickness resulting out of an accident.tc " (ii) “injury” includes permanent total or permanent partial disability or sickness resulting out of an accident." COMMENTS Clause (n) of section 2 of the Workmen's Compensation Act, 1923 defines "workman" as follows:—tc "Clause (n) of section 2 of the Workmen's Compensation Act, 1923 defines \"workman\" as follows\:—" (n) “workman” means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business) who is— (i) a railway servant as defined in section 3 of the Indian Railways Act, 1890 (9 of 1890), not permanently employed in any administrative, district or sub-divisional office of a railway and not employed in any such capacity as is specified in Schedule II, or (ii) employed in any such capacity as is specified in Schedule II, whether the contract of employment was made before or after the passing of this Act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the Armed Forces of the Union; and any reference to a workman who has been injured shall, where the workman is dead, include a reference to his dependants or any of them.