NEW INDIA INSURANCE COMPANY LIMITED v. MANJEET KAUR AND ORS
FAO/5156/2025 · 2025-09-16
Pankaj Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 95935 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 95935 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
FAO-5156-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 137 FAO-5156-2025 (O&M) Date of decision : 16.09.2025 New India Assurance Company Limited ...... Appellant versus Manjeet Kaur and others ...... Respondents CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Arjun Kundra, Advocate for the appellant. **** PANKAJ JAIN, J. (Oral) CM-17265-CII-2025 This is an application for condonation of delay of 53 days in filing the appeal. For the reasons recorded in the application, this court is satisfied that the appellant has made out a sufficient cause for condonation of delay. The application is allowed. Delay of 53 days in filing the appeal is condoned. Main case
1. Challenge is to the order dated 05.08.2024 passed by the Assistant Labour Commissioner, Hoshiarpur exercising powers under the Employee’s Compensation Act, 1923, whereby the claim petition filed by respondent-claimants seeking compensation on account of death of Jaspal Singh, employed as helper on the insured vehicle bearing No. PB-07-AB-5081, stands allowed and the claimants have DINESH KUMAR 2025.09.22 17:53 I attest to the accuracy and integrity of this document
FAO-5156-2025 (O&M) been granted compensation of Rs. 8,90,840/- along with 12% interest from the date of death of the worker till the date of actual realization.
2. The insurance company is in appeal. The only argument raised is based upon the insurance policy. It is claimed that no premium having been paid for driver, conductor and cleaner, the insurance company is not liable to indemnify the insured under the Workmen's Compensation Act.
3. On 29.08.2025, counsel for the appellant sought time to produce details with respect to calculation of premium. He has produced the same today. He is not in a position to dispute that as per the same, additional premium of Rs.100/- has been charged for two, i.e. for conductor, cleaner and driver.
4. In view of the aforesaid fact, once concededly premium has been charged for driver/conductor/cleaner, this Court finds no merit in the present appeal. The same is ordered to be dismissed.
5. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off.
(PANKAJ JAIN)
JUDGE 16.09.2025
Dinesh Whether speaking/reasoned : Yes Whether Reportable : No DINESH KUMAR 2025.09.22 17:53 I attest to the accuracy and integrity of this document