RAFIQ, J.—This appeal has been preferred by claimants for award of compensation on account of death of Balwant Singh in a road accident. Balwant Singh was driver of the truck and he himself was held negligent and, therefore, learned Tribunal did not award any compensation to the claimants.

2. Learned counsel for appellants has argued that even if deceased Balwant Singh was held negligent for the accident and on that basis no compensation has been awarded from the insurance company, the claimants would still be entitled to receive compensation under the Employee's Compensation Act, 1923. In this connection, learned counsel for the appellant has cited a judgment of the Supreme Court in National Insurance Company Limited vs. Prembai Patel and Others – 2005 ACJ 1323.

3. Learned counsel for the respondents opposed the appeal but could not dispute that the appellants can be awarded compensation under the Employee's Compensation Act, 1923.

4. The Supreme Court in National Insurance Company Limited vs. Prembai Patel and Others, supra, in similar circumstances, has allowed compensation to dependents of deceased workman, who was also a driver and died in a motor accident and the vehicle was having 'Act liability only' policy; in those facts, the insurance company was directed to pay compensation under the Workmen's Compensation Act.

5. Learned counsel for the appellants argued that as per Section 4(1)(a) of the Act of 1923 where death results from injury, an amount equal to forty per cent of the monthly wages of the deceased multiplied by the relevant factor, would be the basis for award of compensation. Since the maximums wages which could have been taken into consideration in the year 1989 was Rs.1000/-, the amount of Rs.400/- would be liable to be multiplied by relevant factor which, as per the schedule IV, was 189.56 for workman aged 38 years. The appellants would be thus entitled to receive Rs.75,824/-, which shall be paid by the respondent no.5 the United India Insurance Company Limited. The appeal is accordingly allowed. The appellants shall also be entitled to interest thereon in terms of Section 4A(3) of the Act of 1923, which at the relevant time, was 12% per annum, from the date of filing of the claim petition i.e. 27.12.1989 till payment thereof. Compliance of the judgment be made within three months from the date a copy of this judgment is produced before them.

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