Himachal Pradesh High Court
Shri Ram General Insurance Company Ltd. vs . Pinki & Ors. on 15 May, 2026
Author: Sushil Kukreja
Bench: Sushil Kukreja
Shri Ram General Insurance Company Ltd. vs. Pinki & Ors.
.
FAO(EC) No.84 of 2026 15.05.2026 Present: Mr. Virender Sharma, Advocate, for the appellant.
Respondents No.1 to 4, already ex parte.
Mr. Vijay Kumar Verma, Advocate, for respondents No.5(a) to 5(c).
of FAO(EC) No.84 of 2026 rt Admitted on the following substantial questions of law:-
"a)Whether finding of learned Commissioner Chamba,District Chamba, H.P. is sustainable on the issue of employee-employer relationship between the deceased Vicky @ Vikas Kumar and Vivek Dutta/owner/ respondent No.2?
b) Whether finding of learned Commissioner Chamba, H.P. is sustainable regarding the alleged accident took place out of and during the course of employment in the absence of framing the specific issue?
c) Whether the finding of learned Commissioner Chamba, H.P., is sustainable on the issue of fastening the liability on the appellant company despite of giving the finding that the deceased was under the influence of liquor and his blood sample detected 272.51 mg% alcohol?
d) Whether the finding of learned Commissioner Chamba, H.P., is sustainable on the issue of fastening the liability on the appellant company on the quantum/monthly income of the deceased in the light of reply of owner/respondent No.2?::: Downloaded on - 16/05/2026 13:26:20 :::CIS
e) Whether the findings of learned Commissioner on the issue of applying the factor at the age of 32 instead of admitted age of 33 is sustainable?".
.
Post Admission Notice.
Mr. Vijay Kumar Verma, Advocate, appears and waives service of post admission notice on behalf of respondents of No.5(a) to 5(c).
Let separate notice be issued to respondents No.1 to rt 4, returnable with six weeks, on taking steps within a period of three days. List thereafter.
In the meantime, record of the learned Commissioner below, be called for.
CMP No._____of 2026 Be registered.
Learned counsel for the applicant/appellant, stated that entire awarded amount alongwith up-to-date interest has been deposited before the Court of learned Commissioner below.
Therefore,the execution of the impugned award dated 26.04.2023, passed by learned learned Commissioner under Employees Compensation Act, Chamba, District Chamba, H.P. in case titled Pinki & others vs. Shri Ram General Insurance Company Ltd. & anr., shall remain stayed during the pendency of the present appeal.
Alteration, vacation and modification on motion.
::: Downloaded on - 16/05/2026 13:26:20 :::CISThe Registry is directed to get the amount transferred, so deposited before the learned Court below, to the .
Registry of this Court.
The application stands disposed of.
( Sushil Kukreja ) of Judge May 15, 2026 (reena) rt ::: Downloaded on - 16/05/2026 13:26:20 :::CIS