Workmen's Compensation Act, 1934

PART VII.

Alternative Remedies by Workmen.

Independent remedies against employer.

60.—(1) Where an injury to a workman is caused by the personal negligence or wilful act of his employer or of some person for whose act or default such employer is liable, nothing in this Act shall affect any civil liability of such employer, but in that case such workman may, at his option, either claim compensation under this Act, or take proceedings independently of this Act.

(2) Nothing in the foregoing sub-section shall be construed to make an employer liable to pay compensation for injury to a workman by accident arising out of and in the course of his employment both independently of and also under this Act, or to make an employer liable to any proceedings independently of this Act, except in case of such personal negligence or wilful act as aforesaid.

(3) If, within the time limited by this Act for taking proceedings under this Act, an action is instituted to recover damages independently of this Act for injury caused by accident, and it is determined in such action, or on appeal, that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisions of this Act, the action shall be dismissed, but the Court in which the action is tried, or if the determination is the determination (on appeal by either party), of an appellate tribunal, then such appellate tribunal shall, if the plaintiff so choose, proceed to assess such compensation, but may deduct therefrom all or part of the costs which in its judgment have been caused by the plaintiff bringing the action instead of proceeding under this Act.

(4) In any proceedings under the foregoing sub-section, when the Court in which the action is tried or the appellate tribunal assesses compensation, it shall give a certificate of the compensation it has awarded and the directions it has given as to the deduction of costs, and such certificate shall have the same force and effect as if it were a judgment of the Circuit Court awarding compensation under this Act.

(5) Where the determination under sub-section (3) of this section is that of the Supreme Court or the High Court, the Supreme Court or the High Court, as the case may be, may in lieu of assessing compensation in accordance with the said sub-section, remit the case to the Circuit Court for the assessment of compensation and in such case may order the Circuit Court to deduct from the amount of compensation assessed by it all or part of such costs as aforesaid.