(1) Compensation under section 4 shall be paid as soon as it falls due.
(2) In cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts, and, such payment shall be deposited with the Commissioner or made to the workman, as the case may be, without prejudice to the right of the workman to make any further claim.
(3) Where any employer is in default in paying the compensation due under this Act within one month from the date it fell due, the Commissioner may direct that, in addition to the amount of the arrears, simple interest at the rate of six per cent. per annum on the amount due together with, if in the opinion of the Commissioner there is no justification for the delay, a further sum not exceeding fifty per cent. of such amount, shall be recovered from the employer by way of penalty.]
5.
Method of calculating wages.
2*5. Method of calculating wages.- 3*[In this Act and for the purposes thereof the 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;
4*[(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 5*** the average monthly amount which, during the twelve ----------------------------------------------------------------------
1. Ins. by Act 8 of 1959, s. 5 (w.e.f. 1-6-1959).
2. The original s. 5 renumbered as sub-section (1) of that section by Act 5 of 1929, s. 3. The brackets and figure "(1)" rep. by Act 9 of 1938, s. 4.
3. Subs. by Act 13 of 1939, s. 2 (w.e.f. 30-6-1934), for "For the purposes of this Act the monthly wages of a workman shall be calaucated" the words in italics subs. by Act 15 of 1933, s.
5, for "section 4".
4. Ins. by Act 15 of 1933, s. 5.
5. The words "deemed to be" rep. by Act 13 of 1939, s. 2 (w.e.f. 30- 6-1934).
22 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*[(c)] 2*[in other cases [including cases in which it is not possible for want of necessary information to calculate the monthly wages under 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 from the employer who is liable to pay compensation, divided by the number of days comprising such period.
3* * * * *
Explanation.--A period of service shall, for the purposes of 4*[this 5*[section]] be deemed to be continuous which has not been interrupted by a period of absence from work exceeding fourteen days.
6* * * * *
6.
Review.