NATIONAL INSURANCE CO LTD Vs. JOGINDER KAUR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Two contentions are urged by the appellant in appeal. It is firstly urged that the decision of the Hon'ble Supreme Court dated 6.11.1996 in Civil Appeal No.16904-06/1996 New India Assurance Co. Ltd. Vs. V.KNeelakandan was overruled by the Hon'ble Supreme Court in the decision reported as 2000 ACJ 5 KSEB Vs. Valsala K. Accordingly, counsel urges that the monthly income of the deceased had to be kept at Rs.2,000/- being the amount stipulated under Section 4A of the Workmen's Compensation Act 1923 as on the date of the accident i.e. 13.10.2000.

(3.) The second contention urged is that under Section 4A (3) liability qua the penalty levied cannot be fastened on the insurance company.