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High Court of Himachal Pradesh · body

2025 DAILYLAW 2756 (HP)

GEETA AND ANOTHER v. HDFC ERGO GENERAL INSURANCE COMPANY LIMITED AND ANOTHER

CMP.M/2410/2025 · 2026-05-07

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Geeta & anr. Vs. HDFC ERGO General Insurance Co. Ltd. & anr. CMP(M) No.2410 of 2025 07.05.2026 Present: Mr. Pritam Singh Chandel, Advocate, for the applicants/appellants. Respondent No.1 already ex-parte. Ms. Simran, Advocate, vice Mr. Manoj Kumar, Advocate, for respondent No.2. CMP(M) No.2410 of 2025 No reply is intended to be filed on behalf of respondent No.2. Heard. Having regard to the averments made in the application, which is duly supported with affidavit of applicant No.1-Geeta Devi, the same is allowed and the delay of 151 days in filing the appeal, which in my considered view has sufficiently been explained, is hereby condoned. The application stands disposed of. FAO No. of 2026 (FAOST No.69614/2025) Appeal be registered. Admit on the following substantial questions of law:- “1. Whether the learned Commissioner erred in law in dismissing the claim despite unequivocal admission by the employer regarding the employment, wages and circumstances of death? 2. Whether the learned Commissioner erred in law by treating non-production of the driving licence as fatal, even though the vehicle had fallen into a deep gorge and documents were irretrievably lost? 3. Whether the learned Commissioner erred in ignoring that under the Employees Compensation Act, validity of driving licence is not a condition precedent and negligence has no relevance? Call for the records. Let post admission notice be issued to respondent No.1, returnable within six weeks, on taking steps within three days. List thereafter. ( Sushil Kukreja ) Judge May 07, 2026 (V.Himalvi)