FAO No.914 of 2024 (O&M) 1 326 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.914 of 2024 (O&M) Date of decision : 17.03.2026 New India Assurance Company Limited ....Appellant Versus Rina Devi and another ...Respondents CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Aseem Aggarwal, Advocate for the appellant/Insurance Co. None for the respondents. PANKAJ JAIN, J. (ORAL) Insurance Company is in appeal aggrieved of the order dated 27.09.2023 passed by the Commissioner under the Employee’s Compensation Act, 1923 (hereinafter referred to as ‘1923 Act’) whereby the claim petition filed by legal heirs of deceased/employee-Niranjan Yadav, who died at the age of 34 years while employed as cleaner on an insured vehicle bearing registration No.PB-10BC-4655, has been allowed granting compensation of Rs.9,73,200/-. 2. The only issue raised by counsel for the appellant is regarding monthly income of the deceased/workman. 3. Mr. Aseem Aggarwal, counsel for the appellant submits that the DEEPAK KUMAR 2026.04.20 17:08 I attest to the accuracy and integrity of this document FAO No.914 of 2024 (O&M) 2 wages of the deceased/workman ought to have been taken as per the notification issued by the Central Government under Section 4(1B) of the 1923 Act and not on actual basis. 4. I have heard counsel for the appellant and have carefully gone through records of the case. 5. As per the claimants, the deceased was employed with respondent No.1 on monthly wages of Rs.10,000/- apart from daily allowance of Rs.100/-. 6. The quantum of monthly wages was admitted by the employer. There is no evidence on record to disbelieve the claimants qua quantum of wages of the deceased. 7. The issue w.r.t. inter play between Section 4 and Section 5 of 1923 Act was elaborately dealt by this Court in the case of ICICI Lombard General Insurance Company Limited vs. Manish Kumar and another - FAO No.1437 of 2025 decided on 29.05.2025, wherein this Court observed as under: DEEPAK KUMAR 2026.04.20 17:08 I attest to the accuracy and integrity of this document FAO No.914 of 2024 (O&M) 3 (a) (b) (c) DEEPAK KUMAR 2026.04.20 17:08 I attest to the accuracy and integrity of this document FAO No.914 of 2024 (O&M) 4 (d) DEEPAK KUMAR 2026.04.20 17:08 I attest to the accuracy and integrity of this document FAO No.914 of 2024 (O&M) 5 DEEPAK KUMAR 2026.04.20 17:08 I attest to the accuracy and integrity of this document FAO No.914 of 2024 (O&M) 6 (e) DEEPAK KUMAR 2026.04.20 17:08 I attest to the accuracy and integrity of this document FAO No.914 of 2024 (O&M) 7 (f) (g) DEEPAK KUMAR 2026.04.20 17:08 I attest to the accuracy and integrity of this document FAO No.914 of 2024 (O&M) 8 (h) DEEPAK KUMAR 2026.04.20 17:08 I attest to the accuracy and integrity of this document FAO No.914 of 2024 (O&M) 9 DEEPAK KUMAR 2026.04.20 17:08 I attest to the accuracy and integrity of this document FAO No.914 of 2024 (O&M) 10 DEEPAK KUMAR 2026.04.20 17:08 I attest to the accuracy and integrity of this document FAO No.914 of 2024 (O&M) 11 DEEPAK KUMAR 2026.04.20 17:08 I attest to the accuracy and integrity of this document FAO No.914 of 2024 (O&M) 12 DEEPAK KUMAR 2026.04.20 17:08 I attest to the accuracy and integrity of this document FAO No.914 of 2024 (O&M) 13 DEEPAK KUMAR 2026.04.20 17:08 I attest to the accuracy and integrity of this document FAO No.914 of 2024 (O&M) 14 8. The aforesaid order was challenged before Supreme Court by DEEPAK KUMAR 2026.04.20 17:08 I attest to the accuracy and integrity of this document FAO No.914 of 2024 (O&M) 15 the Insurance Company in Special Leave to Appeal No.27693 of 2025 which stands dismissed vide order dated 13.10.2025. 9. In view thereof, this Court finds that the legal issue being no more res integra, no fault can be found with the Commissioner relying upon the admitted wages of the deceased and granting compensation accordingly. 10. Resultantly, finding no merit in the present appeal, the same is ordered to be dismissed. 11. Pending application, if any, shall also stand disposed off. March 17, 2026 (Pankaj Jain) Dpr Judge Whether speaking/reasoned : Yes/No Whether reportable : Yes/No DEEPAK KUMAR 2026.04.20 17:08 I attest to the accuracy and integrity of this document