NATIONAL INSURANCE CO LTD Vs. SAROJ KUMARI

JUDGEMENT

(1.) THE insurer National insurance Co. Ltd. has filed the present appeal assailing the award dated 10.12.2003 passed by the Workmen 'sCompensation commissioner -cum -Sub Divisional Magistrate, Kangra in Case No.5 of 2003, titled as Saroj Kumari V/s. Swarna Devi.

(2.) THE appeal was admitted on the following substantial questions of law: (1) Whether the compensation under the Workmen 'sCompensation Act has to be assessed by taking into consideration the provisions of the Act as they exist at the time of the accident/death of the workman? (2) Whether the insurance company can be fastened with liability to pay interest and penalty?

(3.) BASED on the pleadings of the parties, following issues were framed: