(1) Notwithstanding anything contained in any other law for the time being in force, where the death of or bodily injury to, any person gives rise to a claim for compensation under this Act and also under any other law in force, the person entitled to compensation may claim such compensation only once either under this Act or under any other law in force.
(2) Nothing in sub-section (1) shall affect the right of any person to claim compensation payable under any contract or scheme providing for compensation for death or personal injury or any sum payable under any policy of insurance.
Procedure followed by Claims Commissioner.
Decision of Claims Commissioner.
Savings as to certain rights.
34 [Act No.38 of 2008]
CHAPTER - VIII LIABILITY DUE TO ACCIDENTS.
42. The tramway operator shall notwithstanding anything contained in any other law, be liable to pay compensation for loss occasioned by the death of or bodily injury to such extent as may be prescribed:
Provided that the tramway operator shall not be liable to pay any compensation under this section if the passenger dies or suffers injury due to,-
(a) suicide or attempted suicide;
(b) self-inflicted injury;
(c) any criminal act for which he is responsible;
(d) any act committed by him in a state of intoxication or insanity;
(e) any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by an accident on the tramway system.
Explanation: For the purpose of this section, the term “passenger” includes a tramway official travelling on duty.
43. An application for compensation arising out of an accident may be made to the Claims Commissioner by,-
(a) the person who has sustained the injury or suffered any loss; or
(b) all or any of the dependants of the deceased where death has resulted from the accident; or Extent of liability.
Application for compensation.
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(c) an agent duly authorized by the person injured or all or any of the dependants of the deceased as the case may be:
Provided that where all the dependants of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the dependants of the deceased and the dependants, who have not so joined shall be impleaded as respondents to the application.
Explanation: For the purpose of this section the word “dependant” shall mean any of the following relatives of a deceased passenger, namely:-
(a) the wife, husband, minor or dependant son and minor or unmarried daughter or widowed daughter dependant on the deceased and in case the deceased passenger is unmarried or is a minor, his-parent(s);
(b) the parent(s), minor brother or unmarried sister widowed sister, widowed daughter-in-law and a minor child of a pre-deceased son, if dependant wholly or partly on the deceased passenger;
(c) a minor child of a pre-deceased daughter, if wholly dependant on the deceased passenger;
(d) the paternal grand-parent wholly dependant on the deceased passenger.
CHAPTER - IX OFFENCES AND PENALTIES.