Determina- tion of claims.
Review.
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(5) Where any such agreement has been approved by the Commissioner of Labour the Court may, notwithstanding that the agreement has been made an order of the Court under the pro- visions of subsection (4), on application by any party thereto or by the Commissioner of Labour within three months after the date of the signification of the Commissioner of Labour's approval, cancel it and make such order (including an order as to any sum already paid under the agreement) as in the circumstances the Court may think just, if it is proved-
(a) that the sum paid or to be paid was or is not in accordance
with the provisions of this Ordinance; or
(b) that the agreement was entered into in ignorance of, or under a mistake as to, the true nature of the injury; or (c) that the agreement was obtained by such fraud. undue influence, misrepresentation or other improper means as would, in law. be sufficient ground for avoiding it,
(6) No stamp duty shall be leviable or payable on any agreement made pursuant to the provisions of this section.
17. (4) If an employer on whom notice of the accident has been served under section 13 does not within twenty-one days after the receipt of the notice agree in writing with the workman as to the amount of compensation to be paid, the workman may, in the prescribed form and manner, make an application for enforcing his claim to compensation to the Court.
(2) All claims for compensation under this Ordinance, unless determined by agreement, and any matter arising out of proceed- ings thereunder shall be determined by the Court whatever may be the amount involved, and the Court may, for that purpose, call upon any person to give evidence, if the Court is of opinion that such person is, by virtue of his expert knowledge, able to assist
The Court.
18. (1) Any periodical payment payable under this Ordin- ance either under agreement between the parties or under an order of the Court, may be reviewed by the Court on the application either of the employer or of the workman:
Provided that where the application for review is based on a change in the condition of the workman any such application shall be supported by a certificate of a medical practitioner,
(2) Subject to the provisions of this Ordinance, any periodi- cal payment may, on review under this section, be continued, increased, diminished, converted to a lump sum, or ended. If
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the accident is found to have resulted in permanent incapacity, the periodical payment shall be converted to the lump sum to which the workman is entitled under the provisions of section 7 or section 8, as the case may be, less any amount which he has already received by way of periodical payments:
Provided that if the aggregate of the periodical payments already paid exceeds the amount of the lump sum so awarded, the injured person, or his dependants, shall not be required to repay any excess so received.
(3) Where application is made by an employer under this section for any periodical payment to be ended or diminished and the application is supported by the certificate of a medical practi- tioner, the employer may pay into Court the periodical payment, or so much thereof as is equal to the amount by which he contends that the periodical payment should be diminished, to abide the decision of the Court made on a review under this section.
(4) In making a review under this section, the Court shall have regard only to the capacity for work of the workman as affected by the accident.
18. Subject to the provisions of subsection (5) of section 9. Limitation subsection (4) of section 15 and subsection (3) of section 18, an of power
of employer employer shall not be entitled, otherwise than in pursuance of an to end or order of the Court-
(a) to end periodical payments except-
(i) where a workman resumes work and his earnings are not less than the earnings which he was obtaining before the accident; or
(ii) where a workman dies;
(b) to diminish periodical payments except--
(i) where a workman in receipt of periodical payments in respect of total incapacity has actually returned to work; or
(ii) where the earnings of a workman in receipt of periodical payments in respect of partial incapacity have actually been increased.
decrease periodical payments.
of the
20. Save as is provided in this Ordinance and any rules made Jurisdiction thereunder, the Court shall, upon or in connexion with any ques- Court. tion to be investigated or determined thereunder, have all the powers and jurisdictions exercisable by the District Court in or in connexion with civil actions in such Court in like manner as