115 IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Date of decision: 08.01.2026

THE ORIENTAL INSURANCE COMPANY LTD ....Appellant

Versus

BALWINDER KAUR AND OTHERS ...Respondents

CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

Present : Mr. Shashi Kumar Yadav, Advocate for the appellant.

PANKAJ JAIN, J. (ORAL)

CM-26320-CII-2025

This is an application filed under Section 5 of Limitation Act

seeking condonation of delay of 19 days in filing the instant appeal.

For the reasons recorded in the application, this Court is

satisfied that the applicant/appellant has made out a sufficient cause for

condonation of delay.

Consequently, the present application is allowed. The delay of

19 days in filing the instant appeal is hereby condoned.

FAO No.7341 of 2025 (O&M)

Insurance Company is in appeal aggrieved of the order passed

by the Commissioner under Workmen’s Compensation Act, 1923 whereby the claimants have been awarded a compensation of Rs.16,38,525/- along

with the statutory interest of 12% per annum.

2. The solitary argument raised by counsel for the appellant is qua the driving licence possessed by driver Navjot Singh, who lost his life.

3. Counsel for the appellant submits that it has come on record that the driving licence possessed by the deceased/driver stood cancelled vide order dated 05.03.2021 passed by RTA, Faridkot for want of correct/ authorized documents submitted by the driver at the time of issuance of licence. He submits that it is a settled proposition of law that a fake licence cannot be held to be valid merely on account of having been renewed validly. He thus submits that the Commissioner erred in deciding Issue No.4 in favour of the claimants.

4. Having heard counsel for the appellant and after carefully perusing the records of the case, this Court finds that the argument raised by counsel sans merit and deserves to be rejected.

5. It is not denied that the licence was cancelled post the date of accident. The accident in the present case is dated 6^th of September, 2020 whereas the clouds on the validity of the licence cannot be traced prior to 5^th of March, 2021.

6. In view thereof, this Court finds that the cancellation of driving licence of the deceased, cannot have a retrospective effect and can at the most be held to be in operation after 5^th of March, 2021 and not prior thereto. 7. In view of above, no fault can be found with the Commissioner holding the appellant liable to pay the compensation.

8. Resultantly, finding no merit in the present appeal, the same is ordered to be dismissed.

9. Pending application, if any, shall also stands disposed off. January 08, 2026 (Pankaj Jain)

Dpr Judge