Shriram General Insurance Company Vs. Pinki CMP (M) No. 902 of 2024 2.7.2025 Present: Mr.Virender Sharma, Advocate, for the applicant/appellant. Respondents No. 1 to 4 already ex parte. Respondent No. 5 is stated to have expired. CMP (M) Nos. 1074 and 1075 of 2025 These application shave been filed for substitution of respondent No. 5Vivek Dutta on account of his death on 14.2.2023. It has been stated that final award was passed by the Commissioner on 26.4.2023 and from the death certificate, it is apparent that respondent No. 5 who was respondent No. 2 in the Claim Petition being owner of vehicle, has expired prior to passing of award by the Commissioner. Learned counsel for the applicant submits that respondent No. 2 (respondent No. 5) was duly represented by counsel before the Commissioner and till passing of award, factum of death of respondent No. 2 Vivek Dutta was not disclosed and further that for death of respondent No. 2 during pendency of proceedings before Compensation Commissioner, appeal deserves to be allowed by remanding the matter to the Commissioner for deciding afresh for adjudication of question of abatement on account of death of respondent No. 2. Section 23 of the Employees Compensation Act empowers the Commissioner to exercise the powers under the Code of Civil Procedure to a limited extent, i.e. for the purpose of taking evidence on oath, enforcing attendance of witnesses and compelling production of documents and material objects. In Rules framed under the main Act, Part-5 provides procedure as contained in Rule 19 to Rule 43, which indicates that Commissioner has to follow procedure as prescribed under the Act and Rules and all provisions of Code of Civil Procedure shall not be applicable to the proceedings under the Employees Compensation Act. In view of above, the issue with respect to applicability of Order 22 CPC and rigors thereof, resulting into abatement of proceedings shall be kept open and at this stage, legal heirs of deceased respondent No. 5 Vivek Dutta as proposed in the application are permitted to be brought on record as respondents No. 5(a) to 5(c), as mentioned in para 3 of CMP (M) No. 1074 of 2024, who are in consonance with the details of family members/legal heirs in the record of Family Register, copy whereof has been placed on record. Aforesaid impleadment is subject to all legal and just exceptions. Applications are allowed and disposed of. CMP (M) No. 902 of 2024 Notice to newly added respondents No. 5(a) to 5(c), returnable on next date, on taking steps within two weeks, be issued. List on 24th September, 2025. (Vivek Singh Thakur), Judge. 2nd July, 2025 (Keshav)