- (1.) Sec.4(1)(A) of the Employee's Compensation Act 1923 (herein after referred as the act of 1923) reads as under- Subject to the provisions of this act, the amount of Compensation shall be as follows, namely:- (a) Where death results from the injury-an amount equal to 50% of the monthly wages of the deceased (employee) multiplied by relevant factor or an amount of One Lac Twenty Thousand Rupees Only (1,20,000/-), Whichever is more. (b) Where permanent total disablement results from the injury-an amount equal to 60% of the monthly wages of the injured (employee) multiplied by the relevant factor or an amount of One Lac Forty Thousand Rupees Only (1,40,000/-), whichever is more.
(2.) Provided that the Central Government may, by notification in the Official Gazette from time to time, enhance the amount of compensation mentioned in clauses (a) and (b).
(3.) Case in hand is a case relating to permanent total disablement and so the Sec.4(1)(b) will be applicable. I have heard final arguments in this appeal with the help of the files of learned council of the parties.;