Section 1: (a) Subject to subparagraph (aa), the amount of compensation under this Act

1. (a) Subject to subparagraph (aa), the amount of compensation under this Act for temporary incapacity for work shall be— (i) where the incapacity is total, the payment weekly during the incapacity of an amount not exceeding 80 per cent of the workman’s average weekly wages from the employer before the accident; and (ii) where the incapacity is partial, the payment weekly during the incapacity of an amount not exceeding one half the difference between the workman’s average weekly wages from the employer before the accident and the average weekly wages which he is earning or is able to earn in some suitable form of employment or business after the accident. (aa) (i) The weekly payment under subparagraph (a) shall in no case— (A) exceed 100 rupees; and (B) be made for a period exceeding 36 months after the date of the accident. (ii) Where a workman, who has so far recovered from the injury as to be fit for employment of a certain kind, proves to the satisfaction of the Court that he has taken all reasonable steps to obtain, and has failed to obtain, such employment and that his failure to obtain such employment is a consequence wholly or mainly, of the injury, the Court may order that his incapacity shall, for the purposes of this Act, continue to be treated as temporary total incapacity for such period, and subject to such conditions, as may be provided by the order, without prejudice to the right of review conferred by this Act. (b) Subject to subparagraph (bb), the amount of compensation under this Act for permanent incapacity for work shall be— (i) where the incapacity is total, an amount not exceeding 8 years’ wages at the rate of the workman’s average weekly wages before the accident; (ii) where the incapacity is partial— (A) in the case of an injury specified in paragraph 5, such percentage of the compensation that would have been payable in the case of permanent total incapacity as is specified as being the percentage of the loss of earning capacity caused by that injury; and (B) in any other case, such percentage of the compensation that would have been payable in the case of permanent total incapacity as is proportionate to the loss of earning capacity permanently caused by the injury, but so that the amount of compensation does not exceed 70 percent of 8 years’ wages. (bb) Where under subparagraph (b) the workman was at the date of the accident under the age of 21 and it appears that but for the injury his W9 – 25 [Issue 1] Workmen’s Compensation Act earning capacity would probably have increased during the 8 years after the accident, any amount under 3,000 rupees payable in respect of permanent partial incapacity may be increased to a sum not exceeding 3,000 rupees and any amount under 4,000 rupees payable in respect of permanent total incapacity may be increased to an amount not exceeding 4,000 rupees. (c) Subject to subparagraph (d) where the workman dies from the injury caused by the accident, the amount of compensation under this Act shall be— (i) if he leaves dependants wholly dependent upon his wages, an amount not exceeding 6 years’ wages at the rate of the workman’s average weekly wages before the accident; (ii) if he does not leave any such dependants wholly dependent, but leaves any dependants in part dependent on his wages, an amount not exceeding 6 times the sum or value of the benefits received by such dependants from the workman during the 12 months immediately preceding the accident or which would but for the d ct shall be— (i) if he leaves dependants wholly dependent upon his wages, an amount not exceeding 6 years’ wages at the rate of the workman’s average weekly wages before the accident; (ii) if he does not leave any such dependants wholly dependent, but leaves any dependants in part dependent on his wages, an amount not exceeding 6 times the sum or value of the benefits received by such dependants from the workman during the 12 months immediately preceding the accident or which would but for the death or incapacity caused by the accident, have been reasonably expected to be received by such dependants from the workman out of his wages, during the 12 months immediately after the accident, whichever can be best calculated to give the amount or value of the benefits; and (iii) if he leaves no dependants, the reasonable expenses of the medical attendance upon him during his last illness caused by the accident and the expenses of his burial, not exceeding 500 rupees. (d) The employer shall not be liable to pay in all as compensation for the death of a workman, more than 6 years’ wages at the rate of the deceased workman’s average weekly wages before the accident.