ORIENTAL INSURANCE CO LTD Vs. MAJEED

JUDGEMENT

(1.) WORKMEN's Compensation (Amendment) Act, 1995 (Act 30 of 1995) has brought in drastic changes to different provisions of the Workmen's Compensation Act, 1923. Whether such amendment to Sub-section (I) and Explanation II of Section 4 and addition of Subsection (4) to Section 4 and amendment to Sub-section (3) of Section 4-A will have effect on pending proceedings is the issue raised in this appeal.

(2.) APPEAL is at the instance of Oriental Insurance Company Ltd. , challenging the order passed by the Commissioner for Workmen's Compensation (Deputy Labour Commissioner), Kozhikode in W. C. C. No. 150/1994. Respondents 1 and 2 are the claimants and third respondent is the employer. The son of respondents 1 and 2, who was a workman under the third respondent, died as a result of the accident which happened on March 16, 1994. The only contention taken in this appeal is that the Workmen's Compensation Commissioner has committed an error in granting compensation on the basis of the provisions contained under Sections 4 (1), 4 (4) and 4-A as amended by Act 30 of 1995. According to the appellant, since the accident had happened before September 15, 1995, namely, the date on which the amendment came into force, the claimants are entitled to compensation only in accordance with the unamended provisions of Sections 4 and 4-A.

(3.) THE relevant portion of the unamended provisions of Section 4 (l)and Explanation II as also Section 4-A (3) read as follows :