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's Compensation commissioner-cum-Sub Divisional Magistrate, Kangra in Case No. 5 of 2003, titled as Saroj Kumari v. Swarna Devi.

(2.) THE appeal was admitted on the following substantial questions of law: (1) Whether the compensation under the Workmen's Compensation 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.) THE scope of the present appeal is narrow and thus relevant facts are stated as under: the vehicle No. HP 39-3381 owned by swarna Devi and driven by Jindu Ram, predecessor-in-interest of the claimants, met with an accident on 10. 10. 1997. In the said accident Jindu Ram died. An F. I. R. was registered and the post-mortem conducted. The claimants as legal heirs filed a claim petition under section 22 of the workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') seeking compensation of Rs. 10,00,000 for the reason that deceased was drawing a salary of Rs. 5,000 per month and the claimants being dependants were entitled to the said compensation.