JUDGMENT 1. - A claim petition was presented by one Bhure Khan impleading his wife, daughter in law and five minor children of deceased Sardar Khan before the Workman Compensation Commissioner, Chhittor. This claim petition was decided by the Workman Compensation Commissioner on 17.1.1989. On this day when the application was decided, no further date was fixed. After the passing of the award by the Workman Compensation Commissioner, the amount was deposited by the it insurance Company with the Commissioner. The deposited money was required to be apportioned in the claim. 2. It appears that an application was made on behalf of Smt. Chugi, respondent on 13.3.89. 3. In this application she pleaded that her father-in-law Bhure Khan has other sources of income and he was not dependent on her husband. Therefore, the amount of compensation awarded by apportioned to her and her children only and Bhure Khan should be excluded. On this application, the Commissioner made an adjudication on 27.3.89 and ordered to give the amount to wife and her children. The grievance of the counsel for the appellant is that since, the award was passed, on an application moved by his client, no order of apportionment could be made without hearing him. He was necessary party to be heard at the time of apportionment. No order could be passed to apportion the whole amount in favour of the wife of the deceased. 4. The grievance of the counsel for the appellant appears to he genuine. There does not appear to be any notice to the appellants for the day of hearing and for the adjudication of the apportionment. Therefore, order of exparte apportionment is set aside. 5. It is directed that before the order of final apportionment of award money is passed by the Workman Compensation Commissioner, notice to be given to all the parties and the matter will be decided as far as possible within one month of refixing of first date. 6. With these observations the appeal is allowed as aforesaid. There will be no order as to costs.Record be sent back to the Trial Court forthwith.Appeal allowed with observation as above. *******