Workmen's Compensation Act, 1934

Meaning of “dependants”.

7.—(1) In this Act the word “dependants” means such of the members of the family of a workman as were wholly or in part dependant on the earnings of such workman at the time of his death, or would but for the incapacity due to the accident which resulted in such workman's death have been so dependent, and where a workman being the parent or grand-parent of an illegitimate child leaves such a child so dependent on his earnings or, being an illegitimate child, leaves a parent or grand-parent so dependent upon his earnings, shall include such illegitimate child and parent or grand-parent respectively.

(2) In this Act the expression “adult dependant” when used in relation to a deceased workman means a dependant of such workman who is not under the age of fifteen at the date of the death of such workman and includes a person, other than a dependant of such workman within the meaning of sub-section (1) of this section, who is not under the age of fifteen at the date of the death of such workman and who was resident with such workman and wholly dependent on his earnings at the said date.

(3) In this Act the expression “juvenile dependant” when used in relation to a deceased workman means a dependant of such workman who is under the age of fifteen at the date of the death of such workman and includes a person, other than a dependant of such workman within the meaning of sub-section (1) of this section, who is under the age of fifteen at the date of the death of such workman and who was resident with such workman and wholly dependent on his earnings at the said date.

(4) A person shall not for the purposes of this Act be deemed to be a partial dependant of another person unless he was dependant partially on contributions from that other person for the provision of the ordinary necessaries of life suitable for persons in his class and position.

(5) For the purposes of the immediately preceding sub-section insurance shall be deemed to be one of the ordinary necessaries of life.