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Judgment
S.N. Satyanarayana
The respondents in NF. 18/2007 on the file of Commissioner for Workmen''s Compensation, Chikmagalur have come up in this appeal challenging the exparte order dated 24.5.2007 passed therein.
Brief facts leading to this appeal are:
The claimants before Commissioner are widow and minor children of late Puttaswamy said to be an employee of 1st respondent Gram Panchayath. It is their case that deceased Puttaswamy died on 17.11.2003 in an accident in the course of his employment under 1st respondent before Commissioner. As such, they are entitled to receive compensation from respondents 1 and 2 therein. Admittedly, in the said proceedings, though notice was duly served on respondents 1 and 2 they have remained exparte. Therefore, based on the material available on record, the Commissioner allowed claim petition and awarded compensation to claimants in a sum of Rs. 3.38.880/-payable with interest at 12% pa., from 30th day of the order till date of deposit. Being aggrieved by the same, respondents have come up in this appeal on the ground that claim petition filed by widow and children of deceased Puttaswamy is misconceived, inasmuch as, there was no relationship of employee and employer between deceased Puttaswamy and 1st respondent, Grama Panchayath. Therefore, there is an error committed by Commissioner in accepting deceased Puttaswamy as employee of 1st respondent and holding that his death is caused in the course of his employment under 1st respondent, is contrary to the material facts.
As stated earlier, proceedings before Commissioner has culminated in an exparte order. Except: for the averments in claim petition there was noting available on record for the Commissioner to ascertain correctness or otherwise of statement made by claimants. Therefore, in this appeal, correctness or otherwise of relationship between deceased Puttaswamy and 1st appellant herein cannot be gone into, unless sufficient opportunity is given to appellants herein to demonstrate that relationship of employee and employer was not there between deceased Puttaswamy and 1st respondent, before Commissioner. In that view of matter, this Court deems it fit to set aside the exparte order passed by Commissioner and remand the matter back to Commissioner for fresh consideration after giving an opportunity to respondents/appellants herein to file their statement of objections and to produce oral and documentary evidence if any, in support of their case.
Accordingly, appeal is allowed. The exparte order dated 24.5.2007 in NF. 18/2007 on the file of Commissioner for Workmen''s Compensation, Chickmagalur, is set aside. The claim petition is remanded back to Commissioner with a direction that the claim petition shall be called on 16.11.2011. On that day, both claimants and as well as appellants herein shall appear before Commissioner without waiting for a formal notice and file their additional pleadings or statement of objections, if any and proceed with the matter by adducing evidence. The Commissioner shall thereafter dispose of the matter on merits within four months from 16.11.2011.
In view of the appeal being allowed and remanded, amount in deposit is ordered to be released in favour of 1st appellant, Gram Panchayath.