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(i) acceptance by the workman of compensation under this Act or such scheme, or of any sum paid under an agreement duly registered under Part VI of this Act, shall not prevent the workman from maintaining the said proceedings to recover damages or from recovering damages therein, provided that the proceedings are instituted within twelve months from the occurrence of the accident, or, if the workman satisfies the Court in which the proceedings are instituted that there were substantial grounds for his not having instituted the proceedings within the said twelve months, within twenty-four months from the occurrence of the accident, and
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(ii) if the proceedings are so instituted and it is determined therein, or on appeal, that the injury is one for which the defendant is liable in the proceedings, the Court in which the proceedings are heard, or if the determination is the determination (on appeal by either party) of an appellate tribunal, then such appellate tribunal shall deduct from the damages, costs and expenses any such compensation or sum which the workman has received and, where there have been proceedings for the recovery of compensation under this Act or such scheme, any costs and expenses therein of the respondent in those proceedings and any costs and expenses therein of the workman which have been borne by such respondent,”.
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