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Section 80: Notice and claim of accident

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VII: Employee's Compensation
Competent Labour Forum
Act No. 36 of 2020
Section 79 All 163 Sections of Code on Social Security, 2020 Section 81

Legal Commentary & Landmark Judgments: Section 80

Section 80 of the Code governs the notice of accident and claim for compensation under Chapter VII, establishing timelines for notifying the employer and filing formal claims before the Competent Authority.

  • Notice of Accident Requirement: Requires the injured employee or dependants to give notice of the accident to the employer as soon as practicable, detailing the time, place, and cause of injury.
  • Two-Year Limitation for Filing Claims: Prescribes a two-year statutory limitation period for filing compensation claims before the Competent Authority, running from the date of the accident or the date of death.
  • Condonation of Delay on Sufficient Cause: Empowers the Authority to entertain belated claims beyond two years where the claimant proves sufficient cause (such as hospitalization, minority, or fraud by the employer).
Key Landmark Precedents:
  • Mackinnon Mackenzie & Co. v. I.M. Issak (1969) 2 SCC 607: Supreme Court held that procedural requirements regarding notice of accident must not be applied technicalistically to defeat genuine claims of illiterate or maritime workers.
  • Oriental Insurance Co. Ltd. v. Siby George (2012) 12 SCC 540: Affirmed that failure to give notice is not a bar if the employer had contemporaneous knowledge of the accident from other sources.
  • National Insurance Co. Ltd. v. Mubasir Ahmed (2007) 2 SCC 349: Affirmed that statutory claims must be filed within the limitation window unless legitimate sufficient cause is established.
Courtroom Practice & Strategic Litigation Guidance:

In defending against an accident claim filed after two years, verify whether the worker reported the incident in the company's internal accident register. If no notice was ever given and no contemporaneous record exists, challenge the petition on limitation grounds under Section 80.

Section 79 All 163 Sections of Code on Social Security, 2020 Section 81