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GAUHATI HIGH COURT
D.N.Chowdhury, P.G.Agarwal, JJ.
Sandhya Goswami -Appellant
Versus
Bani Choudhury and Another -Respondent
Misc Appeal (First) Nos. 1 and 3 of 1994
Decided On : 02-07-1999
WORKMEN'S COMPENSATION ACT - SECTION 4 - AMENDMENT - RETROSPECTIVE EFFECT - APPLICABILITY TO PENDING APPEALS - INTERPRETATION OF STATUTES - REMEDIAL STATUTES - PROSPECTIVE OPERATION - EXCEPTIONS - WORKMEN'S COMPENSATION ACT, 1923 - SECTION 4 - AMENDMENT BY ACT 30 OF 1995 - INCREASE IN COMPENSATION FROM 40% TO 50% OF MONTHLY WAGES - APPLICABILITY TO PENDING APPEALS - HELD, AMENDMENT IS REMEDIAL IN NATURE AND APPLIES RETROSPECTIVELY TO PENDING APPEALS - COMPENSATION ENHANCED ACCORDINGLY.
Fact of the Case:
Two appeals were filed against awards passed by the Commissioner, Workmen's Compensation, West Tripura, Agartala, in respect of claims for compensation under the Workmen's Compensation Act, 1923. The deceased workmen were drivers of a truck that met with an accident in West Bengal, resulting in their deaths. The appellants, being the wives and children of the deceased workmen, claimed compensation. The Commissioner awarded compensation based on 40% of the monthly wages of the deceased workmen, as per the provisions of section 4(1)(a) of the Act prior to its amendment in 1995. The appellants contended that they were entitled to a higher percentage of the monthly wages, as the Act was amended to provide for 50% of the monthly wages as compensation.
Finding of the Court:
The court held that the amendment to section 4(1)(a) of the Workmen's Compensation Act, 1923, which increased the compensation from 40% to 50% of the monthly wages, was remedial in nature and applied retrospectively to pending appeals. The court observed that the amendment did not bring in any new scheme or mechanism, but only revised the amount of compensation taking note of the economic scenario. The court further held that the Workmen's Compensation Act, 1923 was a welfare legislation that required a broad and liberal interpretation, and that the artifice of mechanical interpretation was to be banished in construing such statutes.
Issues: 1. Whether the amendment to section 4(1)(a) of the Workmen's Compensation Act, 1923, which increased the compensation from 40% to 50% of the monthly wages, applied retrospectively to pending appeals. 2. Whether the Workmen's Compensation Act, 1923 was a welfare legislation that required a broad and liberal interpretation.
Ratio Decidendi: 1. The court held that the amendment to section 4(1)(a) of the Workmen's Compensation Act, 1923, was remedial in nature and applied retrospectively to pending appeals. The court observed that the amendment did not bring in any new scheme or mechanism, but only revised the amount of compensation taking note of the economic scenario. The court further held that the Workmen's Compensation Act, 1923 was a welfare legislation that required a broad and liberal interpretation, and that the artifice of mechanical interpretation was to be banished in construing such statutes. 2. The court held that the Workmen's Compensation Act, 1923 was a welfare legislation that required a broad and liberal interpretation. The court observed that the statute dealt with compensation for accidents arising out of and in the course of employment to a certain class of workmen, and that it was a legislation dealing with human rights of the workmen.
Final Decision: The court allowed the appeals and enhanced the compensation awarded to the appellants by applying the amended provisions of section 4(1)(a) of the Workmen's Compensation Act, 1923. The court directed the respondents to deposit the balance of the amounts within a period of two months.
Both these appeals, viz., MA (F) 1 of 1994 and MA (F) 3 of 1994, were taken up together for hearing since they involve common questions. Both the appeals arise out of two different Awards passed by the learned Commissioner, Workmen's Compensation, West Tripura, Agartala.
2. The appellants in MA (F) 1 of 1994 were the claimants in Title Suit (WC) No.21 of 1992, claiming compensation on the death of Dulal Goswami, the driver of Truck No.TRL 3795. Appellant No.l in MA (F) 1 of 1994 is the wife of the a deceased and the other appellants are the daughter and sons, respectively, of the deceased, Dulal Gos wami, who met with an accident arising out of and in the course of employment at village Ghoshpukur under Phansidewa Police Station of Darjeeling District in the State of West Bengal, on 11/12.12.90 and succumbed to the injuries sustained by him in the accident. In default of the payment of compensation due under the Workmen's Compensation Act, the claimants/appellants initially filed a petition before the Commissioner, Workmen's Compensation, West Bengal, Calcutta, against the opposite parties/respondents which was subsequently transferred to the Commissioner, Workmen's Compensation, West Tripura, Agartala. The parties appeared before the Commissioner. The owner/OP No. 1, admitted that the deceased was the driver of vehicle bearing registration No.TRL 3795 which met an accident at village Ghoshpukur under Phansidewa Police Station of Darjeeling District on the relevant date. OP No. 2, the insurance company, submitted its written objections. On the pleadings of the parties, the learned Commissioner framed issues and adjudicated upon the same accordingly. The Commissioner accepted the claimants' case that the accident arose out of and in the course of employment of deceased, Dulal Goswami. On evaluation of the facts, the learned Commissioner reached the conclusion that the deceased was aged about thirty three years at the time of his death and held that the deceased on the date of his death, was drawing a salary of Rs.l,500/-PM. On the basis of the aforesaid conclusions, the learned Commissioner taking note of explanation II to section 4 of the Act, 1923 for the purposes of calculation of the compensation, confined the monthly wages of the deceased to Rs.1,000/- only. On that basis, the learned Commissioner decided 201.66 as the relevant factor for working out the lump sum equivalent of the compensation amount and accordingly awarded a compensation of Rs.80,664/-being the amount which comes out after multiplication of 40% of the monthly wages by the relevant factor (i.e. 201.66). The learned Commissioner further held that since the vehicle in question was insured with the OP/ respondent No.2 and the insurance policy was also subsisting, the OP/insurance company should make payment of the aforesaid amount of Award to the claimants within a period of forty five days from the date of the Award together with an interest at the rate of 12% per annum on the awarded amount from the date of filing of the application till realisation of the entire amount.
3. The appellants in MA (F) 3 of 1994 were the claimants in Title Suit (WC) No.22 of 1992, being the wife and minor son and daughters of deceased Kanu Debnath, driver of vehicle (truck) bearing Registration No.TRL 3795, who also met with an accident at village Ghoshpukur under Phansidewa Police Station of Darjeeling District on 11/12.12.90 and died. The-case was initially filed before the Commissioner, Workmen's Compensation, West Bengal, Calcutta on 16.5.92, which was later on transferred to the Commissioner, Workmen's Compensation, West Tripura, Agartala. It was alleged that deceased Kanu Debnath, aged about 30 years, was employed as driver of truck No.TRL 3795 under the OP No. 1/owner. He was sent on duty from Agartala to Calcutta in the said vehicle which met with an accident as mentioned above and the workman succumbed to the injuries sustained by him in the accid
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