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2025 DAILYLAW 4786 (HP)

THE NEW INDIA ASSURANCE COMPANY LTD v. Shabnam Kumari and others

CMP.M/36/2025 · 2025-07-01

Vivek Singh Thakur

body2025

Judgment text

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The New India Assurance Company Ltd. Vs. Shabnam Kumari & others. CMP (M) No. 36 of 2025 1.7.2025 Present: Mr.Praneet Gupta, Advocate, for the applicant/appellant. Ms.Shruti Dubey, Advocate, vice Mr.Harmohan Thakur, Advocate, for respondents No. 1 to 3. Mr.Shiv Pal Manhans, Advocate, Central Government Counsel, for respondent No. 4. Respondent No. 5 already ex parte vide order dated 22.4.2024 passed by Additional Registrar (Judicial). Mr.Suneet Verma, Advocate, vice Mr.Varun Rana, Advocate, for respondent No. 6. CMP (M) No. 36 of 2025 This application has been filed for condonation of delay of 20 days in filing the appeal. Prayer for condonation of delay in filing the appeal has been opposed on the ground that, day to day delay as required to be explained under law, has not been explained. Considering the submissions made by learned counsel for the parties as well as pleadings in the application, delay of 20 days in filing the appeal is condoned. Appeal be registered. The application is allowed and disposed of. FAO No. ….. of 2025 (FAOST No. 509 of 2025) Admitted on the following substantial questions of law:- 1. Whether the Commissioner as committed a mistake under law by concluding that death of deceased was caused due to accident in reference, because death of deceased employee was not related to duty assigned to deceased during the course of employment, but on account of Cancer, not attributable to the accident? 2. Whether the Commissioner has committed error in law by awarding interest under Section 4A(3) of the Employees Compensation Act? Post admission notice to respondent No. 5, on taking steps within one week, returnable on next date, be issued. Other parties are duly represented. List for further orders on 25th August, 2025. CMP No. …. of 2025 (CMPST No. 510 of 2025) Be registered. This application has been filed for staying the execution and operation of impugned award dated 28.9.2024 passed by Commissioner (Exercising the Power under Employee’s Compensation Act), Court No. 1, Sundernagar District Mandi H.P. in CNR No. HPMA130002802017, Filing No. 281/2017 Registration No. 3/2017. Receipt issued by Naib Nazir to Senior Civil Juge-cum-ACJM Court No. 1, Sundernagar, District Mandi, of deposit of amount of compensation alongwith interest has been placed on record indicating that 19,45,914/- has been deposited by the ₹ appellant with the Commissioner on 18.12.2024. In view of above, execution and operation of impugned award detailed supra, is stayed during pendency of appeal, subject to verification of calculations of amount deposited. Alteration/vacation/modification on motion. The application stands disposed of. (Vivek Singh Thakur), Judge. 1st July, 2025 (Keshav)