ORIENTAL INSURANCE CO LTD Vs. SITARAM MAHATO

JUDGEMENT

(1.) This appeal has been filed by the Oriental Insurance Company Limited, Regional Office, Ulubari, Gauhati against the order and judgment dated 6-1-1990/8-1-1990 passed by the Commissioner, Kamrup, Gauhati.

(2.) I have heard Mr. S. Dutta, learned counsel appearing for the appellant Mr. Dutta submits that this appeal rests on a very short point as to whether the Workmen's Compensation Act, 1923 as amended in 1984 vide Act of 1984 operates respectively or prospectively. Admittedly, the accident took place on 7-8-1983. It: is admitted that Section 4 and Schedule IV of Workmen's Compensation Act (Amendment Act 1984) and the Schedule came into force with effect from 1.7.1984.

(3.) The Deputy Commissioner Workmen's Compensation, Kamrup held that since compromise between the Insurance Company and the claiment was arrived at in the year 1989 the provisions of the Amended Act will apply in the facts and circumstances of the case. Mr. Dutta, has placed reliance on the case Singareni Collieries Co. Ltd. represented by its General Manager, appellant -Vs-Commissioner for Workmen's Compensation, Warangal and another, respondents reported in 1988 ACJ 940. The aforesaid judgment was passed by the High Court of Andhra Pradesh. Mr. Dutta has relied upon the case Kochu Velu -Vs- Purakkattu Joseph and others reported in 1984 (2) TAC 410, the case General Manager, Western Railway Bombay -Vs- Lala Nanda reported in 1985 (1) TAC 276 and the case Mst. Rafiquennessa -Vs- Lal Bahadur Chetri reported in AIR 1964 SC 1511.