(1.) CHALLENGING the recovery notice dated 15. 11. 2006 vide Aa3/10542/2006 passed by the 1st Respondent the writ Petitioner has filed this writ petition.
(2.) FACTS in nutshell are as follows:-The 3rd Respondent was working as a painter with the writ petitioner (Karapakkam Anadhai Illam) on a daily wages of Rs. 130. On 12. 11. 1998, when the 3rd Respondent was doing painting work in the building belonging to the writ petitioner he has fallen down as the sarakambu broke down and during the course of his employment the 3rd Respondent has sustained fracture and dislocation in the right wrist, head injury and multiple injuries. The 3rd Respondent was taken to private doctor at Thiruvanmiyur and subsequently he has taken treatment on Government Hospital Chennai, stating that he has sustained injuries during the course of his employment. 3rd Respondent has filed W. C. 114/99 claiming compensation for the injuries sustained by him.
(3.) IN the proceedings before 1st Respondent notice was sent to Karapakkam Anadhai Illam. The opposite party neither appeared nor filed their counter and therefore the 1st Respondent set them exparte on 23. 11. 1999. In W. C. No. 114/999 the 3rd Respondent was examined and AW1 and Exs. A1-A5 were marked. Upon consideration of the evidence of 3rd Respondent and documents, the 1st Respondent has passed an award in W. C. No. 114/99 (dated 24. 01. 2000) awarding compensation of Rs. 59,856/- for the injuries sustained by the 3rd Respondent.