NATIONAL INSURANCE CO LTD Vs. JASBIR KAUR

JUDGEMENT

(1.) TWO points have been urged in the memorandum of appeal. The first point is whether the Commissioner Workmen's Compensation was justified in computing compensation with reference to minimum wages notified under the workmen Compensation Act when same was amended on 8. 12. 2000 or whether compensation had to be computed as per wages notified in the Act when accident took place i. e. 19. 4. 2000. The second point urged is whether insurance company is liable to pay interest and if yes at what rate.

(2.) VIDE impugned order interest has been awarded @ 12% per annum with effect from 20. 4. 2000 i. e. the date next after the accident.

(3.) AS regards the first contention urged in the memorandum of appeal suffice would it be to state that in view of the decisions of the Hon'ble supreme Court reported as Oriental Insurance Company vs Khajuni Devi 2002 (10)SCC 567 and Kerela State Electricity Board and Anr. vs. Valsala K. and Anr. JT 1999 (7) SC 292 compensation has to be determined with reference to the statutory provisions in force when the accident took place.