184 WORKMEN’S COMPENSATION ACT, 1900. 


work, whether in the way of trade or business or otherwise, 
and whether the gardens are attached to houses or not. 
Where a workman is employed by the same employer 
mainly in agriculture, but partly or occasionally in other 
work, the Act applies also to the employment of the work- 
man in such other work. 
The amount of compensation payable under the Act is 
regulated by the following provisions of the Act of 1897:— 
(z) where death results from the injury— 
(1) if -the workman leaves any dependants wholly dependent upon his 
earnings at the time of his death, the amount is to be a sum equal to 
his earnings in the employment of the same employer during the three 
years next preceding the injury, or the sum of one hundred and fifty 
pounds, whichever of those sums is the larger, but not exceeding in any 
case three hundred pounds, provided that the amount of any weekly 
payments made shall be deducted from such sum, and if the period of. 
the workman’s employment by the said employer has been less than 
the said three years, then the amount of his earnings during the said 
three years shall be deemed to be 156 times his average weekly 
earnings during the period of his actual employment under the said 
employer ; 
(ii) if the workman does not leave any such dependants, but leaves any 
dependants in part dependent upon his earnings at the time of his 
death, the amount is to be such sum, not exceeding in any case the 
amount payable under the foregoing provisions, as may be agreed upon, 
or, in default of agreement,- may be determined, on arbitration, to be 
reasonable and porportionate to the injury to the said dependants ; and 
(ili) if he leaves no dependants, the amount is to be the reasonable 
expenses of his medical attendance and burial, not exceeding ten © 
pounds : 
(6) where total or partial incapacity for work results from the injury, the com- 
pensation is to be a weekly payment during the incapacity after the 
second week not exceeding filty per cent. of his average weekly earnings 
during the previous twelve months, if he has been so long employed, 
but if not, then for any less period during which he has been in the 
employment of the same employer, such weekly payment not to exceed 
one pound. 
In fixing the amount of the weekly payment, regard is to 
be had to the difference between the amount of the average 
weekly earnings of the workman before the accident and 
the average amount which he is able to earn after the 
accident, and to any payment not being wages which he 
may receive from the employer in respect of his injury 
during the period of his incapacity. 
Any weekly payment may be reviewed at the request 
either of the employer or of the workman, and on such 
review may be ended, diminished or increased, subject to 
¥ 
