Branch Manager vs Kotte Ramanjaneyulu And Others

Nyapathy Vijay, J

The present C.M.A is filed under Section 30 of Workmen’s Compensation Act, 1923 questioning the Order dated 20.05.2008 in W.C.No.2 of 2004 passed by the Commissioner for Workmen’s Compensation and the Assistant Commissioner of Labour, Kadapa, Kadapa District.

The Claimant filed the present application seeking compensation of Rs.4,00,000/- with interest and costs. As per the claim, the Claimant was working as a Cleaner in mini lorry bearing No. AP 04 U 3070 of O.P.No.1/Respondent No.2, which was insured with O.P.No.2/Appellant herein. On 06.01.2004 the Claimant went on duty as Cleaner to Madras with a load of Green Chillies from Ananthasagaram Village, near Badvel of Kadapa District. While the vehicle was proceeding to Madras and when it reached Chilakalur Centre, Gudur, the driver had driven the vehicle in a rash and negligent manner, lost control over the vehicle and dashed against the backside of the ongoing vehicle bearing No. AP 26 U 4549 and caused the accident.

In the said accident, the Claimant received fracture injuries to his left leg, left hand and also other injuries. A case was registered in Cr.No.4 of 2004 on the file of the Gudur Rural Police Station of Nellore District. Due to the accident there was a claim of permanent disability and the Claimant lost his source of income. Hence, the Claimant filed the application seeking compensation.

The insurance company/O.P.No.2 filed their counter disputing the claim while O.P.No.1 remained ex parte.

The Commissioner framed the following issues for consideration:-

1) Whether the applicant is a workmen as per the provisions of the Workmen’s Compensation Act, 1923, and he met with accident and received grievous fracture injuries arising out of and in the course of his employment?

2) What is the age of the applicant at the time of accident?

3) What are the wages paid to the applicant at the time of accident?

4) What is the quantum of compensation payable to the applicant?

5) Who are liable to pay the compensation to the applicant and to what relief?

In support of his claim, the Claimant himself is examined as A.W.1 apart from examining A.W.2 and got marked Exs.A.1 to A.8. On behalf of the contesting O.P.No.2, R.W.1 was examined and Ex.B.1 was marked.

The Commissioner taking into consideration the evidence on record awarded compensation of Rs.1,35,325/- to the Claimant vide impugned order. Hence, the present C.M.A is filed.

This Court on 27.09.2011 passed the following order:-

“The counsel for the appellant/s is/are permitted to take out fresh batta to the respondents and personal notice to the concerned respondents to correct address by registered post with acknowledgment due, or by courier service, and file proof of service within four (4) weeks, failing which the appeal stands dismissed as against whom the notice is to be served and also for non-prosecution.

Further, if any of the respondents or the parties died, the appellant/s is/are directed to bring the legal representatives on record, within four (4) weeks, failing which, the appeal stands abated and liable for dismissal, for non-prosecution. If any parties are necessary parties and notice is not necessary, a memo be filed to that effect for recording the same.”

As the above order of this Court was not complied with by the Appellant consequently the appeal was dismissed for default against the Respondent No.2 and the Registry had given effect to the said order. As the appeal stood dismissed against the Respondent No.2, the order against Respondent No.2 vis-a-vis joint and several liability having attained finality, no further cause survives for adjudication in this appeal.

The Civil Miscellaneous Appeal is therefore dismissed. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed.