Whether the amount of compensation under the Workmen's Compensation Act, 1923 (hereinafter referred to as the Act) is to be assessed under Section 4 as per the provisions as these exist on the date the accident occurs or on the date the Tribunal under Workmen's Compensation Act gives the award ?

2. The aforesaid question calls for our determination in the present appeal. Briefly stated, one Deodhar Mahato, driver of the bus No. AS-02/8046 (Super Bus) owned by Shri Tarini Kanta Bora which was duly insured with the Oriental Insurance Company Ltd., while driving the same in the course of his employment met with an accident on 10.7.99 and unfortunately he died on 11.7.99 due to the injuries suffered in the accident. The heirs of the deceased filed a claim petition for compensation under the Workmen's Compensation Act, 1923 before the Commissioner, Workmen's Compensation, Nagaon which was registered as Case No. NWC 92/99. The owner of the vehicle filed written statement wherein he denied the contentions of the claimant petitioner in all respects and also denied the responsibility for payment of compensation, the plea being that the vehicle was duly insured with M/s. Ori