MARY Vs. JOSE MATHEW

JUDGEMENT

(1.) Appellants are the legal heirs/dependents of deceased Raphel who met with an accident on 29-8-1995 while employed as the driver of the 1st respondent and subsequently died on 30th September 1995. The 2nd respondent is the insurer. Appellants preferred a claim under S.4 of the Workmen's Compensation Act (for short, the Act) before the Workmen's Compensation Court claiming compensation for the death of Sri Raphel alleging that the accident arose out of and in the course of employment under the 1st respondent.

(2.) The Court of the Commissioner for Workmen's Compensation raised the following issues for consideration:

(3.) The only question that arises for consideration is whether the computation of compensation awarded should be based on the provisions of S.4 of the Act as amended by Act 30/1995 w.e.f. 15-5-1995 or at the rates prevailed prior to the above amendment.