- (1.) THE matter comes up on application (IA No.3438/12) filed by the respondent No.2 for early hearing of the appeal.
(2.) BY the consent of the parties, the matter is being heard today finally. The application (IA No.3438/12) is accordingly disposed. This appeal is directed against the order dated 09.03.2004 of learned Workmen Compensation Commissioner, Jodhpur in Case No.6/2001 (Smt. Vimla Devi Vs. Dr. Vina Goyal), whereby the learned Commissioner awarded compensation to the tune of Rs.1,14,276/- in favour of respondent No.2, wife of the deceased workman. The non-applicant (appellant herein) has claimed that after filing written statement, the appellant was not allowed to lead evidence in support of her case and, therefore, the compensation awarded by the learned Workmen Compensation Commissioner to the extent of Rs.1,14,276/- is not justified. Mr. M.K. Garg, learned counsel appearing on behalf of appellant submits that the compensation was not payable to the deceased, Babu Lal Sharma, who was not the employee of the present appellant, however, he fairly submitted that since the non- applicant (appellant) was not afforded opportunity to lead evidence before the learned Commissioner and the award was passed exparte against her, therefore, the matter may be remanded back to the learned Workmen Compensation Commissioner, Jodhpur for deciding the case afresh after allowing the appellant to lead evidence before it. He, however, further submitted the non-applicant has already deposited the awarded compensation sum with the learned Commissioner in terms of provision of Section 30 of the Act, which amount may not be disbursed to the claimant till the matter is decided afresh by the learned Commissioner. On the other hand, Mr. Manoj Bohra, learned counsel for the respondent No.2 submits that exparte award is justified since the non-applicant did not lead evidence by her choice.
(3.) HAVING heard learned counsel for the parties and upon perusal of impugned order, this Court is of the opinion that the impugned exparte order dated 09.03.2004 deserves to be set aside and the matter deserves to be remanded back to learned Workmen Compensation Commissioner, Jodhpur for deciding the Claim Case No.6/2001-(Smt. Vimla Devi Vs. Dr. Vina Goyal) afresh within a period of six months from today. Ordered accordingly. The impugned order dated 09.03.2004 is set aside and matter is remanded back to the learned Workmen Compensation Commissioner, Jodhpur to decide the claim case afresh within a period of six months from today after allowing the appellant to lead evidence. The amount of compensation deposited by the appellant (Non-applicant) shall abide by the decision again afresh of the such claim case by the learned Workmen Compensation Commissioner, Jodhpur. No costs.;