Himachal Pradesh High Court
New India Assurance Company Ltd. vs . Smt. Usha Rani & Ors. on 19 September, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
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New India Assurance Company Ltd. vs. Smt. Usha Rani & ors.
CMP(M) No.1160 of 2023 19.09.2023 Present: Mr. Amit Himalvi, Advocate, for the applicant/appellant.
of rtCMP(M) No.1160 of 2023 By way of instant application filed under Section 5 of the Limitation Act, prayer has been made on behalf of the applicant/appellant for condonation of delay in filing the accompanying appeal, which is barred by 76 days.
Having perused the explanation rendered on record, this Court is convinced and satisfied that delay in maintaining the accompanying appeal is neither intentional nor deliberate, rather same has occurred on account of the lengthy administrative process and as such, delay of 76 days in filing the appeal, which in my considered view has been sufficiently explained, is condoned.
The application stands disposed of. FAO No. ______2023 Be registered.
Admit on the following substantial question of law:-
"Whether the learned Commissioner below has gravely erred in law in fastening liability with respect to the amount of penalty upon the appellant insurance company along with interest under Section 4-A(3)(a) & (b) of the Employees Compensation Act?"::: Downloaded on - 20/09/2023 20:37:01 :::CIS
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Post Admission Notice be issued to the respondents, returnable within four weeks, on taking steps within a period of one week. Record of courts below be of called for.
CMP No._________2023 rt Be registered.
Careful perusal of the receipt dated 02.06.2023 clearly reveals that a sum of Rs. 27,30,340/-, has been deposited with the court below in term of Award dated 05.01.2023 in case No.3/WCC/2010 titled Smt. Usha Rani & Ors. vs. Smt Anita Mittal & Another, passed by the Employees Compensation Commissioner, Court No.(1), Amb, District Una, H.P. In view of the above, operation/execution of the impugned award dated 05.01.2023, passed by the Employees Compensation Commissioner, Court No.(1), Amb, District Una, H.P, shall remain stayed.
Alteration/Vacation/Modification on motion. Application stands disposed of.
(Sandeep Sharma) Judge 19th September, 2023 (reena) ::: Downloaded on - 20/09/2023 20:37:01 :::CIS