SHRIRAM GENERAL INSURANCE COMPANY LIMITED v. SAROJ KUMARI AND ORS
CMP.M/308/2025 · 2025-07-08
Vivek Singh Thakur
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 7351 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7351 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Shri Ram General Insurance Company Vs. Saroj Kumari CMP (M) No. 308 of 2025 8.7.2025 Present: Mr.Ashok Verma, Advocate, vice Mr.Jagdish Thakur, Advocate, for the applicant/appellant. Mr.Kapil Sharma, Advocate, vice Mr.Vijender Katoch, Advocate, for respondents No. 1 and 2. Ms.Leena Guleria, Advocate, for respondent No. 3.
CMP (M) No. 308 of 2025 Despite availing opportunities, reply has not been filed. This application has been filed for condonation of delay in filing appeal. Though, no reply has been filed on behalf of respondents, but the prayer made in the application has been opposed vehemently on the ground that day-to-day delay, as required to be explained under law, has not been explained. Taking into consideration the submissions made by learned counsel for the parties and averments made in the application, delay in filing the appeal is condoned. The appeal be registered. The application stands disposed of.
FAO No. …. of 2025 (FAOST No. 5775 of 2025) Admitted on following substantial question of laws:-
1. Whether the Commissioner has committed an error of law by misreading, misconstruing and misappriciating the pleadings and
evidence, oral as well as documentary, in determining the monthly income of the deceased as 12,000/- per month, awarding ₹ interst @ 12% from the date of accident and ignoring the fact that driver of the vehicle was driving the vehicle under the influence of liquor? Parties are duly represented. No post admission notice is required to be issued. Records be requisitioned. List for final hearing in due course after completion.
CMP No. ….. of 2025 (CMPST No. 5780 of 2025) Be registered. Entire awarded amount stands deposited by the appellant before the Commissioner Employees Compensation, Dharamshala, on dated 27.11.2024 vide cheque No. 142452, as evident from the receipt placed on record, execution and operation of impugned award dated 30.7.2024, passed by Commissioner Employee’s Compensation Act, Dharamshala, District Kangra, H.P. in WCP No. 5/2020, shall remain stayed during pendency of the appeal, subject to alteration/vacation/ modification on motion. The application stands disposed of.
(Vivek Singh Thakur),
Judge.
8th July, 2025 (Keshav)