CHANDRAPAL SINGH THAKUR Vs. RANCHIBAI

JUDGEMENT

(1.) THE employer has filed this appeal under Order 43, Rule 1(d), CPC against order of Commissioner for Workmen's Compensation rejecting his application under Order 9, Rule 13 C.P.C.

(2.) RESPONDENT No. 1 Smt. Ranchibai made an application before the Commissioner for award of compensation of Rs. 27,000/- for the death of her husband Kallu Thakur while driving truck MPK 5655 on 6th May,1983. The appellant as also respondent No. 2 Insurance Company filed reply denying their liability. The claimant examined herself and one Dhaniram. The case was adjourned on 22-1-1985 for recording the evidence of the appellant. On 22-1-85 counsels for the appellant reported no instructions on behalf of the Insurance Company also it was stated that it does not wish to examine any witness. The Commissioner proceeded ex-parte against the appellant and passed an order dated 24-1-1985 awarding compensation of Rs. 27,000/- to the respondent.

(3.) AGGRIEVED by the order refusing to set aside ex-parte order, the appellant filed this appeal under Order 43, Rule 1(d), CPC. He also filed an application under Order 41, Rule 27, CPC to admit policy covering the vehicle involved in the accident issued by the Insurance Company.