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State of Tamilnadu - Section

Section 17 in Tamil Nadu Artists Social Security and Welfare Scheme, 2006

17. Personal Accident Relief.

(1)All registered manual workers when met with the accident are eligible for Personal Accident Relief.Explanation. - For the purpose of this clause "accident" means any bodily injury or death or loss of limbs or loss of sight resulting solely and directly from accident arising out of, and in the course of, his employment but does not include any intentional self injury, suicide, attempted suicide, injury caused while under the influence of intoxicating liquor or drugs or resulting from the injured worker committing any breach of the Law or rules, regulations or instructions applicable, from time to time.
(2)The risk covered by the Scheme and the amount of compensation payable shall be as follows:-
(a) Death Rs. 1,00,000
(b) Loss of actual separation of or total and irrecoverable loss of use of -  
  (i) both hands; or Rs. 1,00,000
  (ii) both feet; or  
  (iii) one hand and one foot; or  
  (iv) total and irrecoverable loss of sight inboth eyes.  
(c) Loss of actual physical separation of or totaland irrecoverable loss of use of--  
  (i) one hand; or Rs. 50,000
  (ii) one foot; or  
  (iii) total and irrecoverable loss of sight inone eye.  
(d) Permanent total disablement from injuries otherthan those specified in items (b) and (c) above. Rs. 25,000
(e) Permanent partial disablement as specified incolumn (1) of the Table appended hereunder. At the rate specified in the corresponding entryin column (2) of the Table below:
Table
  Nature of disablement   Compensation in percentage (to be applied on Rs.1,00,000)
  (1)   (2)
      Per Cent
1. Loss of toes All 20
    Great both phalanges 5
    Great One phalanx 2
    Other than great, if more than one toe lost each 1
2. Loss of hearing Both ears 50
3. Loss of hearing one ear 15
4. Loss of four fingers and thumb of one hand 40  
5. Loss of four fingers 35  
6. Loss of thumb Both Phalanges 25
    Three Phalanges 10
    Two Phalanges 8
    One Phalanx 4
7. Loss of index finger    
8. Loss of middle finger Three Phalanges 6
  Two Phalanges 4  
    One Phalanx 2
9. Loss of ring finger Three Phalanges 5
    Two Phalanges 4
    One Phalanx 2
10. Loss of little finger Three Phalanges 4
    Two Phalanges 3
    One Phalanx 2
11. Loss of Metacarpal 1st or 2nd 3rd, 4th or 5th (Additional) 3
    (Additional) 2
12. Any other permanent partial disablementPercentage as assessed by the Doctor.    
(3)Claim. - (a) Immediately upon the happening of any accident while in pursuit of his employment resulting in death or loss of limbs or loss of sight, the employer shall send a report to the Board and to the Police in Form VL within three days of such occurrence of the accident. In any other case, the report of the accident may be sent to the Board either by the injured worker or the nominee of the deceased worker or a representative of a trade union of the employment concerned. The Board shall investigate the accident occurred in the work place either on the report of the accident received from the employer or the injured worker or the nominee of the deceased worker or a representative of a trade union of the employment concerned.
(b)In the case of injury or loss of limbs or loss of eyesight specified in items (b) to (e) of sub-clause (3), the claim shall be made by the registered manual worker concerned, in the event of death of a registered manual worker, the claim shall be made by his nominee in Form VII.
(c)In case of death of a registered manual worker due to accident death certificate and post-mortem certificate issued by an authority who is competent to issue such certificate shaH be produced by the claimant. If there is delay for more than thirty days in getting the post-mortem certificate, the certificate given by the Tahsildar in this regard shall be produced.
(d)In case of loss of limbs or loss of eyesight or, partial disablement due to accident, the claimant should produce a medical certificate issued by a medical officer not below the rank of a Civil Assistant Surgeon.
(e)The Board or any officer authorised in this behalf shall, after due verification, sanction the compensation to the claimant.