Mobile View
Main Search Advanced Search Disclaimer
Citedby 4 docs
The Branch Manager vs K.Thangam on 11 April, 2012
The Managing Director vs The Inspector Of Labour on 19 November, 2009
United India Insurance Company ... vs Mekala Advaiah And Anr. on 26 September, 2001
Ksb Pumps Limited, Narasimha ... vs The Deputy Chief Inspector Of ... on 22 July, 2002

[Section 4] [Complete Act]
Central Government Act
Section 4(1) in The Workmen' S Compensation Act, 1923
(1) Subject to the provisions of this Act, the amount of compensation shall be as follows, namely:--
(a) where death results an amount equal to forty per from the injury cent. of the monthly wages of the deceased workman multiplied by the relevant factor; or an amount of twenty thousand rupees, whichever is more;
(b) Where permanent total an amount equal to fifty per disablement results from cent. of the monthly wages the injury of the injured workman multiplied by the relevant factor; or an amount of twenty- four thousand rupees, whichever is more; Explanation I.-- For the purposes of clause (a) and clause (b)," relevant factor", in relation to a workman means the factor specified in the second column of Schedule IV against the entry in the first column of that Schedule specifying the number of years which are the same as the completed years of the age of the workman on his last birthday immediately preceding the date on which the compensation fell due; Explanation II.-- Where the monthly wages of a workman exceed one thousand rupees, his monthly wages for the purposes of clause (a) and clause (b) shall be deemed to be one thousand rupees only,
(c) Where parmanent partial (i) in the case of an injury disablement results from specified in Part II of Schedule the injury I, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury, and
(ii) in the case of an injury not pecified in Schedule I, such percentage of the compensation payable in the case of permanent total disablement as is propor- tionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the inj- ury; Explanation I.-- Where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries; Explanation II.-- In assessing the loss of earning capacity for the purposes of sub- clause (ii), the qualified medical practitioner shall have due regard to the percentages of loss of earning capacity in relation to different injuries specified in Schedule I;
(d) Where temporary disable- a half- monthly payment of the ment, whether total or sum equivalent to twenty- five partial result from the per cent. of monthly wages of injury the workman, to be paid in accor- dance with the provisions of sub- section 2. (2) The half- monthly payment referred to in clause (d) of sub- section (1) shall be payable on the sixteenth day--
(i) from the date of disablement where such disablement lasts for a period of twenty- eight days or more, or
(ii) after the expiry of a waiting period of three days from the date of disablement where such disablement lasts for a period of less than twenty- eight days; and thereafter half- monthly during the disablement or during a period of five years, whichever period is shorter: Provided that--
(a) there shall be deducted from any lump sum or half- monthly payments to which the workman is entitled the amount of any payment or allowance which the workman has received from the employer by way of compensation during the period of disablement prior to the receipt of such lump sum or of the first half- monthly payment, as the case may be; and
(b) no half- monthly payment shall in any case exceed the amount, if any, by which half the amount of the monthly wages of the workman before the accident exceeds half the amount of such wages which he is earning after the accident. Explanation.-- Any payment or allowance which the workman has received from the employer towards his medical treatment shall not be deemed to be a payment or allowance received by him by way of compensation within the meaning of clause (a) of the proviso.