Ram Chand vs. Mahinder Singh & Ors. along with connected matter. FAO No.209 of 2025 a/w CMP(M) No.1749 of 2025 FAO No.209 of 2025 08.05.2026 Present: Mr. Ashwani Kaundal, Advocate, for the appellant. Mr. Maan Singh, Advocate, for respondent No.1. Mr. Vikrant Thakur, Advocate, for respondent No.2. Mr. Jagdish Thakur, Advocate, for respondent No.3. CMP(M) No.1749 of 2025 Mr. Jagdish Thakur, Advocate, for the appellant. Mr. Maan Singh, Advocate, for respondent No.1. Mr. Ashwani Kaundal, Advocate, for respondent No.2. Mr. Vikrant Thakur, Advocate, for respondent No.3. FAO No.209 of 2025 Learned counsel for respondent No.2,states that Power of Attorney on behalf of aforesaid respondent, has been filed in the Registry today. Let the same be placed on record. Admitted on the following substantial questions of law:- “a)Whether in view of admitted position that respondent No.2, was the principal employer, appellant could be imposed penalty under Section 4-A of the Act, jointly and severally with respondent No.2? b) Whether in the absence of any proof that appellant had the knowledge of accident, could he be imposed penalty under Section 4-A of the Act? c) Whether the impugned order is bad in law, as the petition was not maintainable for want of impleadment of M/s Balaji O & M Services Private Limited, to which the work was subletted by the employer on the spot?”. Call for the records. List for final hearing in due course. CMP No.18790 of 2025 Learned counsel for the applicant/appellant, stated that entire awarded amount alongwith up-to-date interest has been deposited. Therefore, Interim order dated 08.08.2025, is made absolute during the pendency of the present appeal, however, subject to alteration/vacation/modification on motion. Application stands disposed of. CMP(M) No.1749 of 2025 Learned counsel for respondent No.3, states that Power of Attorney on behalf of aforesaid respondent, has been filed in the Registry today. Let the same be placed on record. No reply is intended to be filed on behalf of the contesting non-applicants/respondents and have no objection, in case, the present application is allowed. Heard. For the reasons stated in the application, the same is allowed and delay of 96 days in filing the present appeal, which in my considered view has sufficiently been explained, is hereby condoned. Application stands disposed of. FAO(MVA) No.____/2026 Be registered. Admitted on the following substantial questions of law:- “1. Whether the learned Commissioner below has erred in directing the appellant to pay the compensation in the absence of privity of contract between the appellant and respondent No.3? 2. Whether the labour supplier i.e. respondent No.2, can be considered as employer of the respondent/petitioner that too when salary/wages were being paid by respondent No.3 and as such in the absence of employee and employer relationship between the respondent/petitioner and respondent No.2, the appellant being insurer can be directed to pay compensation? 3. Whether appellant being insurer is liable to pay compensation on the basis of Rs.8000/- when the premium has been charged @ Rs.5,500/- wages of the unskilled worker? 4. Whether the maximum cap of Rs.8,000/- as provided under the Notification No.S.O. 1258 (E) dated 31.05.2010, issued by Central Government to be treated as base amount for the grant of compensation? 5. Whether the appellant is liable to pay interest on the compensation amount for the lapse of respondent/petitioner that too when he has not led evidence for about 8 years? 6. Whether the learned Commissioner below has misinterpreted and mis-construed the evidence led by the parties and the law applicable to the facts of the case?” List for final hearing in due course along with FAO No.209 of 2025. CMP No._______/2026 Be registered. Since the applicant/Insurance Company has already deposited the awarded amount, as is evident from the receipt of deposit, appended with the appeal, before the learned Court below, therefore, the operation and execution of impugned award/order dated 26.03.2025, passed by learned Commissioner under Workmen’s Compensation Act, Lahaul and Spiti at Kullu, District Kullu, H.P., in case titled as Mohinder Singh vs. Ram Chand & Ors., shall remain stayed during pendency of the main appeal. Alteration, modification or vacation, on motion. The Registry is directed to get the amount transferred, so deposited before the learned Court below, to the Registry of this Court. The application stands disposed of. ( Sushil Kukreja ) Judge May 08, 2026 (reena)