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[Cites 0, Cited by 1044] [Section 4] [Entire Act]

Union of India - Subsection

Section 4(1) in The Employee'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 from the injury amount equal to fifty per cent. of the monthly wages of the deceased employee multiplied by the relevant factor;
  or
  an amount of one lakh and twenty thousand rupees, whichever is more;
(b) where permanent total disablement results from the injury an amount equal to sixty per cent. of the monthly wages of the injured employee multiplied by the relevant factor;
  or
  an amount of one lakh and forty thousand rupees, whichever is more;
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).Explanation I.— For the purposes of clause (a) and clause (b), "relevant factor", in relation to a employee 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 employee on his last birthday immediately preceding the date on which the compensation fell due.
(c) where permanent partial disablement result from the injury (i) in the case of an injury specified in Part II of 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 (as assessed by the qualified medical practitioner) permanently caused by the injury;
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 purpose 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 disablement whether total or partial results from the injury a half monthly payment of the sum equivalent to twenty-five per cent. of monthly wages of the employee to be paid in accordance with the provisions of sub-section (2).