(1.) The question that is posed for consideration before the Full Bench is as to whether Secs. 4 and 4-A of the Workmen's Compensation Act, 1923, as amended by Act 30 of 1995, enhancing the amount of compensation and rate of interest would be applicable to claims in respect of death or permanent disablement resulting from accident which occurred prior to September 15,1995, the date on which the amended provisions came into force.
(2.) A Division Bench of this Court in Oriental Insurance Co. Ltd. v. Majeed (1998-III-LLJ-(Suppl)-1044) held the benefits of Secs. 4 and 4-A as amended would be extended only in respect of claims arising out of the accident occurred on or after September 15, 1995. Same is the view taken by the same Division Bench in Oriental Insurance Co. Ltd. v. Abdul Nazar, (1998- III-LLJ (Suppl)-488) (Ker-DB). A contrary view was taken by another Division Bench in Oriental Insurance Co. Ltd. v. Asokan (1997-II-LLJ-546) (Ker-DB). That Bench relied on a decision of the Supreme Court in Civil Appeal Nos. 16904 to 16909 of 1996 dated November 6, 1996, and held that the benefits of the amended provisions of Secs. 4 and 4-A would be available when the claim is finally adjudicated, whether the death or permanent disablement resulting from the accident occurred prior to September 15, 1995 or not. It was also held that in view of the above mentioned decision of the Supreme Court, the earlier Division Bench decision in Majeed's case (supra) is impliedly overruled. We are, therefore, called upon to resolve this apparent conflict between the above mentioned two Bench decisions.
(3.) The Workmen's Compensation Act, 1923 was enacted to provide for payment by certain classes of employers to their workmen of compensation for injury caused to a workman by accident arising out of and in the course of his employment. Act also provides separate and speedy forum to the workmen for claiming compensation and for this purpose wide powers have been bestowed on the Commissioners appointed under the Act. It is the duty of the employer or insurer, as the case may be, to pay compensation as soon as it falls due. The amount of compensation to be paid is enumerated in Sec .4 of the Act
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