MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, OSMANABAD Vs. PRABHAKAR KULKARNI (DIED) THROUGH LRS & OTHERS

JUDGEMENT

(1.) Being aggrieved by the Judgment and Award dated 9.11.2001 passed by learned Commissioner, Workman's Compensation Act, Osmanabad, in W.C.A. No.1/2001, the original claimant has preferred first appeal No.802/2002 to the extent of quantum, whereas the original respondent MSRTC has also preferred first appeal No.913/2002.

(2.) Brief facts, giving rise to the present appeals, are as under :

(3.) Learned counsel for the appellant MSRTC submits that the appeal is preferred by MSRTC to the extent of quantum. The Commissioner has awarded exorbitant amount of compensation without adhering to the provisions of the Act of 1923 as were in force at the time of accident. The accident had taken place on 7.10.1994 and amendment in Section 4 was carried out with effect from 15.9.1995. Prior to said amendment, an amount equal to 50% of the monthly wages of the injured employee multiplied by the relevant factor or an amount of Rs.60,000/-, whichever is more, would be the amount of compensation. In view of the Explanation II to Section 4, where the monthly wages of a workman exceed Rs.1,000/-, his monthly wages for the purpose of clause (a) and clause (b) shall be deemed to be Rs.1,000/- i.e. as per the provisions prior to the amendment in the year 1995. In view of this, learned counsel submits that the claimants are entitled for amount of Rs.76,545/- along with interest as per Section 4A sub-section (3) clause (a). Learned counsel further submits that the Commissioner has wrongly considered the age of the claimant as 53 years instead of 50 years. Thus, in view of this, by considering the age of the claimant as 50 years, relevant multiplier is 153.90 and 50% of wages i.e. fifty per cent. of 1000 would be Rs.500/-. Hence, Rs.76,545/- would be the appropriate compensation.