Temporary Disablement Compensation Calculation
In case of temporary disablement under Section 4(1)(d), whether total or partial, resulting from injury, a half-monthly payment equivalent to twenty-five percent of the monthly wages of the workman shall be paid in accordance with the provisions of sub-section (2).
Sub-section 4(2): The half-monthly payment mentioned in clause (d) of sub-section (1) shall be paid on the sixteenth day:
- (i) From the date of disablement if the disablement lasts for twenty-eight days or more, or
- (ii) After a waiting period of three days from the date of disablement if the disablement lasts for less than twenty-eight days; and thereafter, half-monthly payments shall continue during the disablement or for a period of five years, whichever is shorter.
Regarding your first query, the half-monthly wages are calculated as follows:
- Date of Accident: 28/10/2010
- Wages to be considered as Rs. 58,000 per month (basic + DA + all admissible allowances) as per the Supreme Court decision.
- Wages = Rs. 58,000 x 25% = Rs. 14,500 to be paid on 13.11.2010. After 28 days, another Rs. 14,500 will be paid on 28.11.2010, totaling 50% of the salary. This payment will continue for up to 5 years. After that period, a Medical Board is required to determine the percentage of disablement, which will be treated as Permanent Partial Disablement. The amount paid as half-monthly payment will be deducted from the Compensation for Permanent Partial Disablement. However, if an employee is receiving Rs. 29,000 per month as a half-monthly payment, he may receive more than the Compensation for Permanent Partial Disablement within 5 years. There are no rules provided by the Supreme Court on how to recover this excess amount.
In this scenario, Compensation does not arise; instead, the employee is entitled to half-monthly wages.
Compensation for Permanent Total Disablement
Regarding your second query on Compensation for Permanent Total Disablement:
- Monthly Gross = Rs. 59,000
- Take-home = Rs. 52,000
- Age = 31 years
- Date of Accident = 28/11/2010
For Permanent Total Disablement (PTD), an amount equal to sixty percent of the monthly wages of the injured workman multiplied by the relevant factor is applicable. Considering monthly wages as Rs. 8,000 (as per the new amendment) and the relevant factor for age 31 years as 205.98, PTD is calculated as Rs. (8,000 x 60/100) x 205.98, resulting in Rs. 988,704.
I hope this information is correct.
Regards,
Jawed Alam.