Ravikumar, J.

What is the impact of the amendment brought to Explanation-II to section 4(1)(b) of the Workmen's Compensation Act, 1923 by Amendment Act 46 of 2000 as relates the deemed monthly wages of a workman who met with an accident prior to its coming into force, in the matter of computation of the amount of compensation? The said question crops up for consideration in this appeal at the instance of the second opposite party in W.C.C.No.190/2000 on the files of the Court of the Commissioner for Workmen's Compensation in the light of the following factual matrix:-

The applicant (first respondent herein) was working under the first party before the Commissioner as driver in lorry bearing Reg.No.KL/11/A/675. On 18.5.2000, during midnight, he was driving the said vehicle towards Bangalore and at about 2 a.m on 19.5.2000, when the lorry reached at Mandya, it went off the road from the highway and dashed against a tree standing on the road side, due to mechanical defect. He sustained severe injuries in the said accident. Ext.A1 would reveal that he sustained fracture U