ORIENTAL INSURANCE CO LTD Vs. KAILASH CHAND

JUDGEMENT

(1.) HEARD. Claimants respondents Nos. 1 to 8, filed an application under the Workmen's Compensation Act, 1923 (for short 'the Act of 1923'), against the appellant and the respondent No. 9, before the learned Workmen's Compensation Commissioner, Jaipur District, (for short 'the Commissioner') for the death of one Prabhu Dayal, who died on February 6, 1995, when he was employed as a second driver on the truck No. UP-15a-3897 belonging to the respondent No. 9 and, the truck was insured with the appellant, Oriental Insurance Company Ltd. After hearing the parties, the learned Commissioner vide his award dated September 19, 1997, allowed a total compensation of Rs. 2,16,91/7- to the claimants along with interest at the rate of 12% p. a. , payable from the date of accident. Feeling aggrieved thereby, the appellant Insurance Company has preferred this appeal.

(2.) ACCORDING to the unamended provisions of Section 4 of the Act of 1923, in the case of death, the amount of compensation shall be an amount equal to forty percent of the monthly wages of the deceased workman multiplied by the relevant factor. This provision has been amended by the Workmen's Compensation (Amendment) Act, 1995 and under the amended provisions of Section 4 in the case of death, the amount of compensation payable is 50% of the monthly wages of the deceased workman multiplied by the relevant factor. The learned counsel for the appellant has argued that the accident took place on February 6, 1995, while the amendment came into force on September 15, 1995. Therefore, the benefit on the basis of the amended provisions, cannot be awarded to the claimant, and, as such, the quantum of compensation is required to be reduced. The learned counsel has also contended that the claimants have claimed the compensation on the basis of the pre-amended provisions of the Act of 1923.

(3.) IN the case of Oriental Insurance Co. Ltd. v. Ashokan (1997-II-LLJ546) a Division Bench of the Kerala Higjh Court has held that if any benefit is conferred on the workmen and the said benefit is available on the date when the case is finally adjudicated, The said benefit should be extended to the workmen. The Kerala Higjh Court while holding so, has relied upon a decision dated November 6, 1996 of Hon'ble the Supreme Court in the Civil Appeal Nos. 16904-16909 of 1996. The observations of Hon'ble the Supreme Court, have been quoted by the Kerala High Court in its judgment From a perusal thereof, it is clear that Hon'ble the Supreme Court has held that the Act of 1973 is special legislation, for for benefit of labour, and, keeping in view the scheme of the Act, the interpretation which can be given to the amendment is that if any benefit is conferred on the workmen and the said benefit is available on the date when the case is finally adjudicated, the said benefit should be extended to the workmen. So, the award passed by the learned Commissioner applying the amended Act is held to be just and proper.