Workmen's Compensation Act, 1934

Persons entitled to compensation.

18.—(1) Where compensation is payable under this Act in respect of an injury to a workman which does not result in his death, the compensation shall be paid to or applied in the manner provided by this Act for the benefit of such workman.

(2) Where compensation is payable under this Act in respect of an injury to a workman which results in his death—

(a) so much (if any) of such compensation as consists of the adults' lump sum shall—

(i) in case he leaves one adult dependant only, be paid to or applied in the manner provided by this Act for the benefit of such dependant;

(ii) in case he leaves two or more adult dependants, be allotted amongst such dependants in such proportions as the Court shall order, and the amount so allotted to any dependant shall be paid to or applied in the manner provided by this Act for the benefit of such dependant;

(b) so much (if any) of such compensation as consists of the children's lump sum shall—

(i) in case he leaves only one juvenile dependant, be applied in the manner provided by this Act for the benefit of such dependant;

(ii) in case he leaves two or more juvenile dependants, be applied in the manner provided by this Act for the benefit of such dependants;

(c) such compensation shall, if he leaves neither an adult dependant nor a juvenile dependant be paid to his personal representative or, if he has no such representative, to the persons to whom the expenses of medical attendance and burial are due, in such shares as may, in default of agreement between those persons, be ordered by the Court.

(3) Where compensation consisting wholly or partly of the adults' lump sum is payable under this Act in respect of an injury to a workman which results in his death and such workman leaves both total and partial adult dependants, nothing in this Act shall be construed as preventing the adults' lump sum being allotted partly to such total dependants and partly to such partial dependants.

(4) Where an adult dependant or a juvenile dependant dies before a claim under this Act is made or, if a claim has been made, before an award has been made, the legal personal representative of the dependant shall have no right to payment of compensation, and the amount of compensation shall be calculated and apportioned as if the dependant had died before the workman.