ORIENTAL INSURANCE CO LTD Vs. RAFAT REHAMATH

JUDGEMENT

(1.) THIS appeal is filed by the insurer under section 30 (1) of the Workmen's Compensation Act, 1923 (for short 'the Act') against the award dated 10. 8. 2000 passed by the Commissioner for Workmen's Compensation, chamarajanagar Distt, Chamarajanagar. The amount of compensation awarded to the respondent Nos. 1 to 4-claimants who are widow and children of the deceased employee Syed Arif, as computed under the provisions of the Act, is questioned as excessive on the grounds other than those by which, it, as an insurer could have been entitled to defend the claim for compensation under sub-section (2) of section 149 of the Motor Vehicles Act (amended in the year 1994 ).

(2.) WE have heard the arguments of the learned counsel for the appellant Mr. Shrishaila, regarding admission of this appeal.

(3.) IT is vehemently contended by the learned counsel for the appellant that the commissioner has committed an error of jurisdiction in taking into consideration monthly wages of the deceased workman as Rs. 3,600 though under the amended provisions of section 4 (1) of the Act read with Explanation 2, the monthly wages of the workman even if they exceed Rs. 2,000 shall be deemed to be Rs. 2,000 only, and has awarded excess amount of compensation in favour of respondent Nos. 1 to 4. It is further contended by him that since this appeal involves a substantial question of law, the insurer is entitled to maintain this appeal.