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9. Issues which need to be examined under the Act,1923 and Social security code 2020: The appeal under Section 30 of the 1923 Act, though restricted to substantial questions of law, the monetary value of the appeal should not be less than Ten Thousand Rupees (Rs.10,000/-) as amended by Act, 11 of 2017. Earlier, thereto, the minimum value of appeal was Rupees Three Hundred (Rs.300/-).

10. The Social Security Code, 2020 was enacted to amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organized or unorganized or any other sectors and for matters connected therewith or incidental thereto. The provisions of the 1923 Act were bodily incorporated in the said Code, 2020 at Chapter VII.

11. The quantification for filing appeal is specified in the first proviso to Section 99 of the Social Security Code, 2020. The Section 99 of the Code, 2020 is a replica of section 30 of the Employees Compensation Act, 1923.

12. The quantification of minimum amount for filing appeal under the above Act, 1923 and Code, 2020 appears to be a direct import of un-amended Section 173(2) of the Motor Vehicles Act, 1988. The un-amended Section 173 (2) of the Motor Vehicles Act, 1988 also prescribed Rupees Ten Thousand (Rs.10,000/-) to be the minimum value for filing appeal before this Court. In 2019, a substantial number of provisions of the Motor Vehicles Act, 1988 were amended vide Act 32 of 2019 and the Section 173(2) of the Act was also amended increasing the minimum value of Appeal to Rupees One Lakh (Rs 1,00,000/-).

13. In that context, a similar amendment is required to be incorporated to section 30 of the Employee Compensation Act, 1923 and Section 99 of the Social Security Code, 2020 taking into consideration present day value of medical treatment and the cost of living in the event of death of an employee.

14. Apart from that, a third party claimant under the Motor Vehicles Act, 1988 appears to be better placed in the manner of computation of compensation vis-a-vis a claimant/ employee under the Act of 1923. A preliminary comparison of the quantification of compensation prescribed under Section 4 of the Act of 1923 as bodily incorporated in Section 76 of the Code, 2020 and judicial pronouncements of Hon'ble Supreme Court specifying heads for quantification of compensation under Motor vehicles Act, 1988 i.e. loss of estate, loss of consortium, funeral expenses, future prospects etc would demonstrate that the claimants under the Motor Vehicles Act get substantially higher compensation than under Act of 1923. These heads for computing compensation under the Motor Vehicles Act which were crystallized by a larger bench of Hon'ble Supreme Court in National Insurance Company Ltd. v. Pranay Sethi4 are not available for calculating 2017(16) SCC 680 compensation of a claimant/employee with certainty of monthly income under Act of 1923 and Code, 2020.

or an amount of 4 [one lakh and twenty thousand rupees], whichever is more"

16. The Section 76 of Social Security Code,2020 is verbatim copy was Section 4 of the Employees Compensation Act,1923 and the same is extracted for ready reference "Section 76 Amount of compensation: (1) Subject to the provisions of this Chapter, the amount of compensation shall be,--

(a) where death results from the injury, an amount equal to fifty per cent of the monthly wages of the deceased employee multiplied by the relevant factor or an amount as may be notified by the Central Government from time to time, whichever is more."