NATIONAL INSURANCE COMPANY LTD Vs. SUMAN PAUL

JUDGEMENT

(1.) Heard Mr. S.S. Sharma, learned senior counsel, assisted by Mr. K.K. Bhatta, learned counsel appearing for the appellant-National Insurance Company Ltd. No representation from the respondents though it appears from the record that notices were properly served on all the respondents. By this appeal filed under Section 30 of the Workmen's Compensation Act, 1923, the judgment and award dated 28.08.2001 as passed by the learned Commissioner, Workmen's Compensation, Nagaon in NWC Case No. 08.1999 has been challenged. No substantial question of law even though was not formulated at the time of admitting this appeal by order dated 08.02.2001, the solitary substantial question of law that is involved in this appeal is whether the learned Commissioner has committed wrong by assessing compensation on the basis of the amended provision of Section 4(1), Explanation-II as incorporated in the Workmen's Compensation Act, 1923 (as amended by Act 46 of 2000 w.e.f. 08.12.2000).

(2.) The fact not in dispute is required to be briefly encapsulated for purpose of appreciating the substantial question of law as projected to be involved in the appeal.

(3.) On appreciation of the evidence as led by the claimants, the learned Commissioner arrived at a finding that the cause of death was chronic surgical emphysoma due to fracture of the rib following the RTA and cardio respiratory failure. There was no denial about the deceased's being the driver of the said vehicle. He suffered the fatal injuries in the accident which occurred on 14.12.1998 and ultimately succumbed to his injuries. The Commissioner determined the age of the deceased workman as 45 years and accordingly selected the factor at 169.44. On consideration of the minimum wages as was prevalent at the time of accident, the monthly income of the deceased was assessed at Rs. 3,000/- per month and in the following manner, the compensation was assessed: