cover image: The Calcutta Weekly Notes  January 12  1953

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The Calcutta Weekly Notes January 12 1953

1953

of his eye-sight and that such partial loss of eyesight was the result of continuous exposure to the high light of the furnace in the course of the workman’s emploment under the respondent. [...] “The accident this case would therefore be the sum total of the assaults on the retina of the workman’s eyes on the daily occasions when the high light struck and the injury would be final condition of his eyes although it was reached by slow degrees.” Cholcravartti C. J. was confronted with the conflicting decisions on the point in England where the judges 'had spoken in different voices. [...] Even in the cases where the decision was in favour of the worman the observations of the learned judges make it perfectly clear that they felt the pressure of reason on the other skle and perhaps decided in favour of the workman in pursuance of what they conceived to be the policy of the Act.... [...] with the progress of the times the conception of the circumstances in which the workman is entitled to corn pensation has widened and become more and more liberal. [...] All that is required is that the obligations or coditions of employment create the 'zone of special danger' out of which the ijury arose." The primary reason for intro-duerng legislations like the Workmen's Copensation Act was to overcome the effect of archaic and unjust rules of commolaw whiich barred recovery of claim from the assumption of the risk of workman's employment.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes January 12 1953
xxix-xxxii unknown view

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