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1996 Supreme(SC) 1863

KULDIP SINGH, S.SAGHIR AHMAD
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
V. K. NEELAKANDAN – Respondent


Order

1. Special leave granted.

2. The appellant New India Assurance Co. Ltd. has challenged the order of the High Court upholding the compensation granted to the heirs of deceased workmen who died in an accident by the Commissioner under Workmens Compensation Act, 1923 (the Act). It was found as a fact in proceedings under the Act that the deceased workmen were drawing wages the rate of Rs 1800 per month. The compensation was, however, as under the Act deeming to be the wages as Rs 1000 per month. We issued notice to the appellant to show cause why the compensation be not increased.

3. It is not disputed that Section 4 of the Act was amended in 1995 by Amendment Act 30 whereunder the deemed income has been increased Rs 1000 to Rs 2000. Learned counsel for the Insurance Company has vehemently contended that since the accident took place in the year 19 law operating on that date is applicable and as such the heirs of the w are not entitled to the benefit of the amendment. We do not agree learned counsel. We are finally determining the rights of the workmen The Act is a special legislation for the benefit of the labour. Keeping in the scheme of the Act we are of the view that the only












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