ORIENTAL INSURANCE CO LTD Vs. SHABIR AHMED

JUDGEMENT

(1.) THIS appeal is filed by the insurance company to challenge the order dated 9. 9. 1997 in case No. Wca:cr:no. 28 of 1995, passed by the workmen's compensation commissioner, sub-division i, bangalore. In passing the said order, the workmen's compensation commissioner had awarded Rs. 2,21,370 as compensation payable to the l. rs. Of the deceased respondent nos. 2 and 3.

(2.) THE appellant insurance company is represented by the learned counsel Mr. S. p. shankar. On the other side, the respondent No. 1 owner is represented by Mr. Chennaraya reddy, whereas, respondent nos. 2 and 3 contesting respondents are represented by Mr. T. V. Ramesh.

(3.) MR. S. P. Shankar while urging the grounds made out in the appeal memorandum, more specifically, the ground No. 2, had taken me through the impugned order under challenge. It was his argument that the workmen's compensation commissioner, sub-division No. I, Bangalore, henceforth in brief referred to as 'the wcc' had made mistake in the matter of the application of the law under Section 4 (1) (a) of the workmen's compensation Act, henceforth 'the act', inasmuch as he had taken the wages of the deceased at Rs. 2,000 per month and further by taking one-half thereof, multiplied the same by the relevant factor: 221. 37 and thus arrived at the figure 2,21,370. It was pointed out by him that since the accident in question had taken place on 21. 4. 1994 and that since the amended provision to Section 4 came to be amended only on 15. 9. 1995, the wcc would have calculated the compensation as per the original provision in Section as it stood before amendment and that if that was done by the wcc that way, he would have taken the wages of the deceased at Rs. 1,000 per month and that thereafter he would have taken 40 per cent thereof to be multiplied by the said factor, 221. 37. He further submitted that if that was the position then the awardable compensation by the wcc would have been Rs. 88,548 only and not beyond.