Clause 6

Subject to the provisions of this Act the amount of compensation shall be paid in accordance with the provisions of this section.(2) Where death results from the injury —

if the workman leaves any dependants wholly dependent on his earnings, the amount of compensation shall be —

in the case of a workman below forty years of age at the time of the accident, a lump sum of twenty-one thousand six hundred dollars or equal to seventy-two months’ earnings, whichever is the less;

in the case of a workman who is forty years of age and above but below fifty years of age at the time of the accident, a lump sum of twenty-one thousand six hundred dollars or equal to sixty months’ earnings, whichever is the less;

in the case of a workman who is fifty years of age and above at the time of the accident, a lump sum of twenty-one thousand six hundred dollars or equal to forty-eight months’ earnings, whichever is the less:Provided that the compensation payable under this paragraph shall not be less than seven thousand two hundred dollars;

if the workman does not leave any dependants wholly dependent on his earnings, but leaves any dependants in part so dependent, the amount of compensation shall be such lump sum, not exceeding in any case the amount payable under paragraph (a) of this subsection, as may be determined by the Commissioner to be reasonable and proportionate to the loss suffered by such dependants.(3) Where permanent total incapacity results from the injury, the amount of compensation shall be —

in the case of a workman who is eighteen years of age and above at the time of the accident, a lump sum of twenty-eight thousand eight hundred dollars or equal to sixty months’ earnings, whichever is the less:Provided that the amount of compensation shall in no case be less than the amount which would have been payable if it had been determined in accordance with sub‑paragraph (i) of paragraph (a) of subsection (2) of this section;

in the case of a workman who is sixteen years of age and above but below eighteen years of age at the time of the accident, a lump sum of twenty-eight thousand eight hundred dollars or equal to eighty-four months’ earnings, whichever is the less;

in the case of a workman below the age of sixteen years at the time of the accident, a lump sum of twenty-eight thousand eight hundred dollars or equal to one hundred and eight months’ earnings, whichever is the less,and where the injured workman is unable to perform the essential actions of life without the constant attention of another person, additional compensation shall be paid amounting to one-quarter of the amount which is otherwise payable under this subsection.(4) Where permanent partial incapacity results from the injury, the amount of compensation shall be —

in the case of an injury specified in the First Schedule to this Act such percentage of the compensation which would have been payable in the case of permanent total incapacity as is specified therein as being the percentage of the loss of earning capacity caused by that injury; and

in the case of an injury not specified in the First Schedule to this Act, such percentage of the compensation which 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 in any employment which the workman was capable of undertaking at that time:Provided that where more injuries than one are caused by the same accident the amounts of compensation payable in respect of all such injuries shall be aggregated but not so as to exceed in any case the amount which would have been payable in respect of permanent total incapacity.(5) Where temporary incapacity whether total or partial results from the injury, the workman shall be entitled to a half-monthly payment payable on the sixteenth day from the date of incapacity, and thereafter half-monthly during the incapacity or during a period of five years, whichever period is shorter, of one hundred and ninety-five dollars or an amount equal to one-third of his monthly earnings, whichever is the less:Provided that —

where permanent incapacity follows a period not exceeding six months of total or partial temporary incapacity there shall not be deducted from the lump sum payable in respect of such permanent incapacity any half-monthly payments or allowance to which the injured workman is entitled and which he has received from his employer by way of compensation;

where permanent incapacity follows a period exceeding six months of total or partial temporary incapacity there shall be deducted from the lump sum payable in respect of such permanent incapacity any half-monthly payments or allowance to which the injured workman is entitled and which he has received from his employer by way of compensation in respect of any period in excess of six months;

no half-monthly payment shall in any case exceed the amount, if any, by which half the amount of the monthly earnings of the workman before the accident exceeds half the monthly amount which he is earning or is in the opinion of the Commissioner able to earn in some suitable employment or business after the accident; and

where the incapacity ceases before the date on which any half-monthly payment falls due, there shall be payable in respect of that half-month an amount proportionate to the duration of the incapacity during that half-month.”.