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2026 DAILYLAW 17410 (HP)

NEW INDIA ASSURANCE COMPANY LTD v. LAKSHMI DEVI AND OTHERS

CMP.M/620/2026 · 2026-07-24

Sushil Kukreja

body2026

Judgment text

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New India Assurance Co. Ltd. vs. Lakshmi Devi & Ors. CMP(M) No.620 of 2026 24.07.2026 Present: Mr. Ishan Sharma, Advocate, for the applicant/appellant. Mr. Kamal Sharma, Advocate, for respondents No.1 & 2. Mr. Hitesh Bali, Advocate, for respondent No.3. CMP(M) No.620 of 2026 No reply is intended to be filed on behalf of the contesting respondents. Heard. For the reasons stated in the application, the same is allowed and delay of 38 days in filing the present appeal, which in my considered view has sufficiently been explained, is hereby condoned. Application stands disposed of. FAO No.________of 2026 Be registered. Admitted on the following substantial questions of law:- “a) Whether monthly salary of the deceased was wrongly worked out by learned commissioner and compensation payable to the claimants on that basis alongwith interest, thus, being contrary to statutory provisions of the Act as well as law, are liable to be suitably modified? b) Whether the deceased-driver was not holding valid and effective driving license in as much as he was not possessing a valid and effective driving licence to drive a truck as his license had endorsement to drive PSV Bus, If so, its effect? Post admission notice. Mr. Kamal Sharma and Mr. Hitesh Bali, Advocates, appear and accept notice on behalf of respective respondents. List for final hearing in due course. CMP No.____of 2026 Be registered. Heard. Learned counsel for the applicant/appellant, states that the entire awarded amount alongwith up-to-date interest, has been deposited before the Court of learned Commissioner below and in this respect, receipt issued by the said Court has also been annexed. Since the entire award amount alongwith up-to- date interest amounting to Rs. 26,88,000/- stands deposited before this Court, the execution and operation of award dated 12.12.2025, passed by the learned Commissioner under the Workmen’s Compensation Act-cum-Civil Judge, Jhandutta, District Bilaspur, HP. in case titled Lakshmi Devi & another vs. Kuljeet Singh & another, shall remain stayed during the pendency of the present appeal. The Registry is directed to get the amount transferred, so deposited before the learned Commissioner below, to the Registry of this Court. Application stands disposed of. Alteration, vacation and modification on motion. ( Sushil Kukreja ) Judge July 24, 2026 (reena)