Workmen's Compensation Act, 1934

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Remedies both against employer and stranger.

61.—Where the injury for which compensation is payable to a workman under this Act, or any scheme certified under this Act, was caused in circumstances creating a legal liability in some person other than the employer of such workman to pay damages in respect thereof, then the following provisions shall have effect, that is to say:—

(a) such workman may take proceedings both against that person to recover damages and against any person liable to pay compensation under this Act or such scheme for such compensation, but shall not be entitled to recover both damages and compensation,

(b) if such workman has recovered compensation under this Act or such scheme, the person by whom the compensation was paid, and any person who has been called on to pay an indemnity under the provisions of this Act relating to sub-contracting, shall be liable to be indemnified by the person so liable to pay damages as aforesaid, and all questions as to the right to and amount of such indemnity shall, in default of agreement, be settled by action.