Chapter: 4.3 Driver in the Workmens Compensation Act

• Driver:
A driver of a truck belonging to a company who was engaged by the Company during the absence or leave of a permanent Driver is nonetheless workman if he dies on duty.

1960 (I) FLR 547. Mohammed Sadiq V/s Chhoti.

The- Section. 4 of the W.C. Act 1923, gives us the details as to how the amount of compensation is to be calculated.            

In case of death of an employee, The compensation shall be equal to 50% of the monthly wages of the deceased workman multiplied by the relevant factor or 50,000/- whichever is more.

In case of permanent total disablement resulting from an injury the compensation is 60% of the monthly wages multiplied by the relevant factor or Rs. 60,000/- whichever is more. The relevant factor in relation to the workman means, the factor specified in the column of Schedule - IV and 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 preceding the date on which the compensation is due.

Where the monthly wages of the workman exceed Rs. 2000/- his monthly wages for the purpose of the compensation be deemed as Rs. 2000/-.

In case of permanent partial disablement results from the injury such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein being % of loss of earning capacity caused by the injury.

In case of the injury not specified in Sch. I, such % of the compensation payable in case of permanent total disablement as in proportionate to the loss of earning capacity.

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 and resulted injuries.

In assessing the loss of earning capacity for the purposes of the injury in Sch - I the qualified Medical Practitioner shall have due regard to the percentage of loss of earning capacity in relation to different injuies.

Where temporary disablement whether total or partial results from injury a half-monthly payment of the sum equivalent to twenty five percent of monthly wages be paid.

The payment of half monthly payment shall be payable on the 16th day from the date of disablement where such disablement lasts for a period of 28 days or more, or after the expiry of a waiting period of 3 days from the disablement where such disablement lasts for a period of less than 28 days and thereafter half monthly during the disablement or during a period of 3 years whichever is shorter. Provided that the deduction from any lump sum or half monthly payments to which the workman is entitled, the amount of any payment or allowance 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 lump sum of first half monthly payment, no half monthly payment shall in any case exceed the amount by which half the amount of monthly wages of the workman before the accident exceeds half the amount of such wages which he is earning after the accident.

The monthly wages means the amount of wages deemed to be payable for a month's services as follows:
a) Where as workman has worked for a continuous period of 12 months immediately preceding the accident, the employer is liable to pay compensation, the monthly wages of the workman shall be 1/12 of the total wages due for payment.
b) Where the continuous period of service is one month, the monthly wages of the workman shall be the average of the monthly amount.
c) In other cases including cases in which it is not possible for want of necessary information to calculate the monthly wages under the Clause (B) the monthly wages shall be thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident.