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High Court of Himachal Pradesh · body

2026 DAILYLAW 3668 (HP)

NATIONAL INSURANCE COMPANY LIMITED v. URMILA DEVI AND OTHERS

CMP.M/1658/2025 · 2026-03-24

Virender Singh

body2026

Judgment text

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NIC Ltd. versus Jhanjru & Others FAO (ECA) No. of 2026 24.03.2026 Present: Ms. Devyani Sharma, Senior Advocate with Mr. Anirudh Sharma, Advocate, for the appellant. Mr. Vijay Chaudhary, Advocate, for respondents No.1 and 2. Mr. Vivek Thakur, Advocate, for respondent No.3. CMP (M) No. 1658 of 2025 In view of the no objection made by learned counsel for the parties, the delay in filing the appeal is ordered to be condoned. The application stands disposed of. FAO (ECA) No. of 2026 Be Registered. Heard. Admitted on the following substantial questions of law:- 1) Whether the learned Commissioner below has fallen in grave error in passing the impugned award by misconstruing and misapplying the provisions of Sections 2, 3, 4 and Schedule IV of the Employees Compensation Act, 1923? 2) Whether the learned Commissioner below has committed error in calculating compensation by taking wages of deceased as Rs.11,000/- per month, by overlooking the Notification S.O. 1258 (E) Dated 31.05.2010, by Central Government Ministry of Labour and Employment issued under Section 4(1) (b) of the Employees Compensation Act? CMP No. of 2026 Application is considered and allowed and during the pendency of the appeal, which has been admitted for final hearing by this Court, the execution of the award dated 13.03.2025, is ordered to be stayed, as the entire awarded amount stands already deposited. The application stands disposed of. Modification/alteration/ vacation on motion. (Virender Singh) Judge March 24, 2026 (ps)