NEW INDIA ASSURANCE CO LTD Vs. BIASAN DEVI

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under section 30 of the Workmen's Compensation Act (hereinafter referred to as 'the Act'), against the award of the Commissioner under the Workmen's Compensation Act (S.D.M.) at Mandi, H.P. dated 7/7/2004, whereby he awarded a sum of Rs. 2,07,980.00 along with interest at the rate of 12 per cent per annum from the date of accident till payment.

(2.) BRIEFLY stated, the facts of the case are that an application under section 22 of the Act was filed by Chinti Devi, original complainant, now represented by her L.Rs., respondent Biasan Devi. It was alleged by claimant that her son Amar Nath died in an accident on 4.1.1994, who was employed as driver on their tractor bearing No. HID 8635 by the original owner, namely, Lachman Ram, now represented by his L.Rs., respondent Nos. 2 to 5. Deceased was driving the tractor during the course of his employment and the tractor suddenly fell down from the road and Amar Nath received multiple injuries and died thereafter. The deceased was alleged to be of the age of 30 years, was unmarried and the claimant being widowed mother of the deceased and dependent upon the deceased, had claimed compensation to the extent of Rs. 6,50,000. The case was tried by the learned Workmen's Commissioner and on conclusion of the trial, the claimant was held entitled to a sum of Rs. 2,07,980 along with interest at the rate of 12 per cent per annum.

(3.) THE two points were canvassed before this court by the learned counsel for the appellant during arguments. THE first point taken was that wages were wrongly assessed at Rs. 2,000 per month, though it should have been assessed at Rs. 1,000 prior to the amendment of the Act on 15.9.1995. My attention has been drawn to the provisions of section 4, Explanation II, wherein it was alleged that where the monthly wages of a workman exceed two thousand rupees, this two thousand rupees was substituted by words four thousand rupees w.e.f. 8.12.2000. The amended provision will apply from the date it came into effect, that is, from 8.12.2000 and since the accident in question had taken place on 4.1.1994, the provisions have to be read as these were existing on the date of the accident. Accordingly, the amount of monthly wages has to be taken at Rs. 2,000. According to section 4(1) (a), where death results from the injury, an amount equal to 50 per cent of the monthly wages of the deceased workman has to be applied by the relevant factor. However, this amendment was made and 50 per cent was inserted in place of 40 per cent w.e.f. 15.9.1995. Thus, according to the Act as it existed on the date of accident on 4.1.1994, 40 per cent of the monthly wages had to be multiplied by the relevant factor.