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High Court of Himachal Pradesh · body

2026 DAILYLAW 24654 (HP)

UNITED INDIA INSURANCE COMPANY LTD v. GURDYAL SINGH AND ANOTHER

CMP.M/1441/2026 · 2026-09-24

Virender Singh

Transfer Petitionbody2026

Judgment text

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United India Ins. Co. Ltd. vs. Gurdyal Singh & anr. CMP(M) No. 1441 of 2026 24.9.2026 Present: Ms.Raksha Thakur, Advocate vice Mr. Jagdish Thakur, Advocate for the applicant. Mr. Sudhir Bhatnagar, Advocate, for non- applicant No. 1. Mr. Suresh Saini, Advocate, for non- applicant No. 2. Memos of appearance, on behalf of non- applicants No. 1 and 2 stand filed. The applicant has filed the present application, under Section 5 of the Limitation Act, for condonation of delay of three days, in preferring the accompanying appeal. Delay has been sought to be condoned on account of administrative exigencies, as before filing the accompanying appeal, the matter had to be dealt with, at various levels, in the office of the applicant. The application has duly been supported by the affidavit of Incharge, TP Hub, United India Insurance Company Ltd., Divisional Office, Timber House, Circular Road, Shimla, H.P. In view of no objection made by learned vice counsel for the non-applicants, delay in filing the accompanying appeal has been ordered to be condoned. The application stands disposed of. FAO (MV) No._______ Be registered. Notice be issued to the respondents, on steps being taken within a week, returnable within four weeks. CMPST No. 43661 of 2026 The application be registered. The accompanying appeal will take sufficient time for its disposal, as such, during the pendency of the present appeal, execution of award dated 18.4.2026, passed by the learned Accident Claims Tribunal-II, Kullu, District Kullu, H.P. in Claim Petition No. 54 of 2029, titled as, ‘Gurdyal Singh versus Rakesh Kumar & anr.’, is ordered to be stayed, during the pendency of the present appeal, subject to condition that entire awarded amount, alongwith up- to-date interest, shall be deposited by the Insurance Company, with the Registry of this Court, within a period of four weeks from today. The application is, thus, disposed of. Modification/alteration/vacation, on motion. (Virender Singh) Judge September 24, 2026 (kalpana)