Shriram General Insurance Co. Ltd. Vs. Deepak (deceased) through LRs & anr. CMP(M) No.1747 of 2026 23.09.2026 Present: Ms. Raksha Thakur, Advocate, vice Mr.Jagdish Thakur, Advocate, for the applicant/ appellant. Ms. Kiran Sharma, Advocate, for respondents No.1(a) to 1(d). Respondent No.2 already ex-parte CMP(M) No.1747 of 2026 Learned counsel for respondents No.1(a) to 1(d) states that Power of Attorney has been filed in the Registry on 22.09.2026. Registry is directed to place the same on record, if in order. 2. No reply(ies) is/are intended to be filed to the application. 3. Heard. Having regard to the averments made in the application, which is duly supported with affidavit of Amit Vyas, Manager (Legal) of the applicant-appellant, the same is allowed and the delay of 67 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 51905/25) 5. Appeal be registered. 6. Admit on the following substantial questions of law, formulated at page-8 of the paper-book:- 1. Whether the learned Commissioner below has erred in taking income of deceased as Rs.10,000/- per month, whereas as per the notification No.S.O.1258 (E), dated 31.05.2010 issued by the Central Government the maximum cap as per section 4(1B) of the Act was Rs.8,000/- per month? 2. Whether the learned Commissioner below has misconstrued, misinterpreted facts as well as law applicable to the present case? 7. Let post admission notice be issued to respondent No.2, returnable within four weeks, on taking steps within a period of three days. List thereafter. 8. In the meantime, call for the records. CMP No.____ of 2026(CMPST/51906/25) 9. It be registered. 10. Heard. Subject to deposit of the entire awarded amount alongwith up-to-date interest within a period of four weeks, the operation and execution of order dated 21.05.2025, passed by the learned Senior Civil Judge-cum- CJM, Shimla , Exercising the Powers of Commissioner under Employees’ Compensation Act, in EC Act Case No.12-2 of 2019, titled Deepak (deceased) through LRs. Vs. Rajesh Kumar & anr., shall remain stayed during pendency of the main appeal. 11. Alteration, modification or vacation, on motion. The application stands disposed of. ( Sushil Kukreja ) Judge September 23, 2026 (V.Himalvi)