FAO/31/2021
2021 Latest Caselaw 2462 HP

FAO No. 31 of 2021

.

25.03.2021 Present: Mr. Praneet Gupta, Advocate for the appellant.

FAO No. 31 of 2021

This appeal has been preferred against judgment/award

dated 16.10.2020 passed by Employees Compensation Commissioner,

Rampur Bushehr, District Shimla. Certified copy of judgment was

applied on 17.10.2020 and it was completed on 30.10.2020. Therefore,

time to file appeal was to expire in January, 2021 and because of winter

vacation, the same would have been ended on 22nd February, 2021.

However, appeal has been filed on 24 th February, 2021

and for that reason, appellant has also filed an application under Section

5 of Limitation Act.

In view of order dated 23.3.2020 passed by the Supreme

Court in Suo Motu Writ Petition (Civil) No. 3 of 2020, the appeal is to

be treated within limitation.

Heard and Admit on following substantial questions of

law:-

1. Whether the penalty imposed by Employees Compensation Commissioner upon the insurer is contrary to provisions of Employees Compensation Act?

2. Whether the Commissioner has committed error of law by awarding funeral expenses beyond the limit prescribed under Section 4, Sub-section 4 of Employees Compensation Act, 1923?

3. Whether by awarding interest on the compensation amount from the date of accident, Employees

Compensation Commissioner has acted contrary to the provisions of Employees Compensation Act, 1923?

.

Post admission notices, returnable on 20th May, 2021, on

taking steps within three days, be issued to the respondents.

CMP(M) No. 125 of 2021

In view of order passed in main appeal, order dated

r to 23.3.2021 is recalled and application is dismissed as not pressed.

CMP No. 2664 of 2021

Heard. Learned counsel for the appellant submits that

entire awarded amount stands deposited with Employees Compensation

Commissioner (Civil Judge-cum-ACJM), Rampur Bushehr, District

Shimla on 18.2.2021 vide cheque No. 007410 dated 9.2.2021 and

receipt issued by the Commissioner has also been placed on record

along with appeal.

Considering the submissions made by learned counsel for

the appellant and the fact that appeal stands admitted on substantial

questions of law, execution and operation of impugned order dated

16.10.2020 passed by Employees Compensation Commissioner in CIS

Reg. No.1 of 2018/CIS File No. 4 of 2018, titled Janki Shahi and others

vs. Bhupender Pal Mahajan shall remain stayed during pendency of

appeal, subject to alteration, modification and vacation on motion.

The Employees Compensation Commissioner (Civil

Judge-cum-ACJM), Ramput Bushehr is directed to remit the amount,

deposited by the appellant, to the Registry of this Court, which on

receipt, shall be invested in accordance with Rules.

.

Application stands disposed of.

The appellant is permitted to produce copy of order

downloaded from the High Court website and the concerned authority

shall not insist for certified copy of the order, however, they may verify

the order from the High Court website or otherwise.

    March 25, 2021
    (ms)
                 r             to                   (Vivek Singh Thakur)
                                                             Judge