Workmen's Compensation Act, 1923 — section 4

4. Amount of Compensation..—1[(1) Subject to the provisions of this Act, the amount of compensation shall be as follows, namely : 2 [A. Where death results from the injury to a workman in receipt of monthly wages falling within limits shown in the first column of Schedule IV the amount shown against such limits in the second column thereof.] 3 [B. Where permanent total disablement results from injury to a workman in receipt of monthly wages falling within the limits shown in the first column of Schedule IV the amount shown against such limits in the third column thereof.] C. Where permanent partial disablement results from the injury

(i)in the case of an injury specified in Schedule 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 specified in Schedule I, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity permanently caused by the injury; Explanation.‑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 ; D. Where temporary disablement, whether total or partial, results from the injury, a half‑monthly payment payable on the sixteenth day after the expiry of a waiting period of 4[four] days from the date of the disablement, and thereafter half‑monthly during the disablement or during a period of five years, whichever period is shorter,

(i)in the case of 3[a workman] in receipt of monthly wages falling within limits shown in the first column of Schedule IV‑of the sum shown against such limits in the fourth column thereof, and 3 * * * 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 1Subs. by Workmen’s Compensation Act, 1933 (15 of 1933), s. 4, for the original sub-section (1). 2Subs. by Act XI of 1994, s. Sch. 3Subs. & Omitted by Act XI of 1994, Sch. 4Subs. by Act 11 of 1957,s. 4, for “seven”. the period of disablement prior to the receipt of such lump sum or of the first half‑monthly payment, as the case may be 1[except payments made to the worker during the period of his convalescence towards medical treatment 2 [and the half ‑monthly payments made for the first four months of disablement] ; 3*

(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 4[;and] 5 [(c) the amount of half‑monthly payments to which a workman is entitled shall in no case be less than the amount of half monthly payments to which a workman drawing lesser monthly wages than such workman is entitled.]

(2)On the ceasing of the disablement before the date on which any half‑monthly payment falls due, there shall be payable in respect of that half‑month a sum proportionate to the duration of the disablement in that half‑month. Method of calculating wages.—7*] 8[In this Act and for the purposes thereof the 6[5. expression “monthly wages” means the amount of wages deemed to be payable for a month’s service (whether the wages are payable by the month or by whatever other period or at piece rates), and calculated] as follows, namely:

(a)where the workman has, during a continuous period of not less than twelve months immediately preceding the accident, been in the service of the employer who is liable to pay compensation, the monthly wages of the workman shall be one-twelfth of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period; 9 [(b) where the whole of the continuous period of service immediately preceding the accident during which the workman was in the service of the employer who is liable to pay the compensation was less than one month, the monthly wages of the workman shall be 10* * * the average monthly amount which, during the twelve months immediately preceding the accident, was being earned by a workman employed on the same work by the same employer, or, if there was no workman so employed, by a workman employed on similar work, in the same locality;] 1 Ins. by the Work man’s Compensation (Amdt.) Act, 1957 (11 of 1957), s. 4 (w.e.f. 15-3-1957). 2 Added by the Work man’s Compensation (Amdt.) Act, 1973 (14 of 1973), s. 3 (w.e.f. 7­2­1973) 3 The word “and” omitted by the Labour Laws (Amdt.) Ordinance, 1972 (9 of 1972), s. 2 and 1 st Sch. (w.e.f. 13-4-1972) 4 Subs. ibid., for full stop. 5 Cl. added ibid. 6 The original section 5 was re­numbered as sub­section (1) of that section by the Work man’s Compensation (Amdt.) Act, 1929 (5 of 1929), s. 3 (w.e.f. 29-3-1929). 7 The brackets and figure “(1)” omitted by the Work man’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 4 (w. e.f. 5-4-1938). 8 Subs. by the Work man’s Compensation (Amdt.) Act, 1939 (13 of 1939), s.2 (w.e.f. 30­6­1934), for “For the purposes of [this Act] the monthly wages of a workman shall be calculated”. The words in crotchets were subs. by the Work man’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 5, for “section 4”. 9 Cl. (b)ins. by Act 15 of 1933, s. 5. 10 The words “deemed to be” omitted by the Work men’s Compensation (Amdt.) Act, 1939 (13 of 1939), s. 2 (w.e.f. 30-6-1939). 1 [(c)] in other cases, the monthly wages shall be thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation, divided by the number of days comprising such period. 2 * * * * * * * Explanation._ A period of service shall, for the purposes of 3[this section] be deemed to be continuous which has not been interrupted by a period of absence from work exceeding fourteen days. 4 * * * * * * *