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1998 Supreme(Ker) 160

S.SANKARASUBBAN, K.K.USHA, K.S.RADHAKRISHNAN
United India Insurance Co. Ltd. – Appellant
Versus
Alavi – Respondent


Judgment :-

Radhakrishnan, J.

The question that is posted for consideration before the Full Bench is as to whether Sections 4 and 4A of the Workmen's Compensation Act, 1923, as amended by Act 30 of f 995, enhancing the amount of compensation and rate of interest would be applicable to claims in respect of death or permanent disablement resulting from accident which occurred prior to 15.9.1995, the date on which the amendment provisions-came into-force.

2. A Division Bench of this Court in Oriental Insurance Co. Ltd. v. Majeed, 1996 (2) KLT 1022 held the benefits of S.4 and 4A as amended would be extended only in respect of claims arising out of the accident occurred on or after 15.9.1995. Same is the view taken by the same in Division Bench in Oriental Insurance Co. Ltd. v. Abdul Nazar, (1997) 1 ILR 496. A contrary view was taken by another Division Bench in Oriental Insurance Co. Ltd. v. Asokan, 1997 (1) KLT 608. That Bench relied on a decision of the Supreme Court in Civil Appeal Nos. 16904 to 16909 of 1996 dated 6.11.1996, and held that the benefits of the amended provisions of Ss.4 and 4A would be available when the claim is finally adjudicated, whether the death or permanent dis































































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