NIAC Ltd. Vs. Shanta Devi & ors. CMP(M) No.1621 of 2025 11.05.2026 Present: Mr. Jagdish Thakur, Advocate, for the applicant/ appellant. Mr. Vishal Singh Thakur, Advocate, for respondents No.1 to 3. Mr. Ajay Sharma, Advocate, for respondent No.4. CMP(M) No.2410 of 2025 On the last date of hearing, respondent No.2 was wrongly shown to be ex-parte. Though, he is minor and is being represented by his natural guardian/mother, i.e. respondent No.1. 2. No reply(ies) is/are intended to be filed to this application. 3. Heard. Having regard to the averments made in the application, which is duly supported with affidavit of Incharge CCH (Suit) of the applicant/appellant, the same is allowed and the delay of 402 days in filing the appeal, which in my considered view has sufficiently been explained, is hereby condoned. 4. The application stands disposed of. FAO No. of 2026 (FAOST No.42567/2026) 5. Appeal be registered. 6. Admit on the following substantial questions of law:- “1. Whether in the absence of the driving licence by the driver, the liability to pay compensation can be fastened upon the insurer? 2. Whether the appellant being insurer is liable to pay compensation for the death of driver when the death has not taken place during the course of the employment? 3. Whether the learned Commissioner below has power to review/modify the award after passing of the same? 4. Whether the learned Commissioner is right in taking the income of the deceased as Rs.8,000/- as per notification dated 31.05.2010, that too when the owner/ employer has admitted that he was paying Rs.6,000/- per month as salary? 5. Whether the learned Commissioner below has erred in misconstruing and misinterpreting the facts, provisions of law applicable to the present case? Call for the records. List for final hearing in due course. CMP No.___ of 2026 (CMPST No.42568/26) 7. It be registered. 8. It has been mentioned in the application that the awarded amount has been deposited in the Registry of this Court in CMPMO No.579 of 2024. 9. Therefore, since the awarded amount has already been deposited by the applicant/appellant, the execution/ operation of award dated 22.10.2022, passed by the learned Commissioner, Employee’s Compensation Act, Rampur Bushahr, District Shimla, HP in case titled Shanta Devi & ors. Vs. Ashok Kumar & anr., shall remain stayed during pendency of the main appeal. 10. Alteration, modification or vacation, on motion. 11. Registry is directed to transfer the amount, deposited by the applicant/appellant in CMPMO No.579 of 2024, to the proceedings of the present appeal. The application stands disposed of. ( Sushil Kukreja ) Judge May 11, 2026 (V.Himalvi)