Master of Supreme Court v Castellani [1911] ZATPD 121 (18 August 1911)

Reported
Flynote

Master and Servant - Workmen's Compensation - When deceased workman leaves a minor dependent - Right of Master of Court to receive and administer compensation fund - Rights of Natural Guardian - Act 36 of 1907, sec.21 - Act 11 of 1910, sec.5

 

Case summary

In the event of a workman being killed by accident in the course of his employment and leaving a dependent who is a minor, the amount recovered as compensation from the employer under Act 36 of 1901, sec.21, as amended by Act 11 of 1910, sec.5, must be paid to a magistrate who must pay it to the Master for the purpose of being administered by him.

A natural guardian who has received compensation money, one of the deceased' s dependents being a minor, may be sued for the same by the Master in her private capacity.

 


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