ORDER 1. With the consent of learned counsel for the parties, the matter is finally heard. 2. Substantial question of law which arises for consideration in this appeal under section 30 of the Workmen’s Compensation Act, 1923 directed against the award dated 10.4.2014 passed by the Commissioner, Workmen’s Compensation-cum-Labour Court No. 2, Gwalior is as to : “Whether the Commissioner Employee's Compensation cum Labour Court is justified in determining the compensation on an amount equal to 100% of the monthly wages of the injured multiplied by the relevant factor ?” 3. The facts not in dispute is that the respondent Workmen was employed as driver in the employment of respondent met with an accident on 1.8.2012 while driving the Truck bearing Registration No.MP06 HC 1497 and sustained permanent disability i.e. fracture of both the legs which was determined by the doctor as 25% permanent disability. Though the appellant takes an exception as to the determination of 25% permanent disability but did not pursue the same when confronted with the certificate, Exhibit P.16 duly proved by the Doctor. Be that as it may. It is also not in dispute that the claimant was earning Rs.7000/- per month and was 23 years of age when he met with the accident. The relevant factor 219.95 contained in Schedule IV of the Act of 1923 is also not in dispute. 4. Section 4 of 1923 Act deals with the provisions as amount of compensation. Clause (b) of sub-section (1) of Section 4 mandates : (b) where permanent total disablement results from the injury an amount equal to sixty percent of the monthly wages of the injured employee multiplied by the relevant factor. an amount of one lakh and forty thousand rupees whichever is more. 5. Thus it is 60% of monthly wages of the employee multiplied by the relevant factor would be the amount of compensation. Whereas the Commissioner Employees Compensation took into consideration 100% of the wages, which apparently is contrary to the statutory provisions, vÁ., Section 4 (1) (b) of 1923 Act. 6. In view whereof the compensation awarded is modified as under : (a) Income Rs. 7000 per month : 60% Rs. 4200/- (b) Factor Applicable 219.95 (a) x (b) = Rs. 923790 : 25% = Rs. 230947.5 + interest @ 12% with effect from 1.8.2012 till final payment. (c) 50% penalty on Rs. 230947.5 Rs. 6. In view whereof the compensation awarded is modified as under : (a) Income Rs. 7000 per month : 60% Rs. 4200/- (b) Factor Applicable 219.95 (a) x (b) = Rs. 923790 : 25% = Rs. 230947.5 + interest @ 12% with effect from 1.8.2012 till final payment. (c) 50% penalty on Rs. 230947.5 Rs. 165474/- The appeal is disposed of finally in above terms.