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2012 DIGILAW 1016 (HP)

Brijsons Wire Products v. Paras Ram

2012-12-20

DEV DARSHAN SUD

body2012
JUDGMENT Dev Darshan Sud, J. This appeal has been preferred against the judgment of the Commissioner under the Workmen’s Compensation Act, 1923, awarding a sum of Rs.1,56,175/- to the claimants for injuries suffered in an accident during his employment. 2. The award has been challenged on a number of grounds by the appellants herein and the appeal was admitted on 13.8.2007 without specifying questions of law required for decision. 3. Learned counsel for the appellants has raised a number of points in support of his contention that no liability could be fastened on the appellants which points, as submitted by the learned counsel for the respondent, do not arise for consideration as the appellants have been playing hide and seek before the Commissioner and now seek to deprive the respondent of the lawful compensation awarded to him. 4. Without going into the submissions made by learned counsel for the parties, I find that the award, which has been passed by order/judgment of the Commissioner, is extremely terse and does not decide on the factual matrix on the record. It is with some reservation that I remand this case to the Commissioner for decision afresh in accordance with law on the material already on record. It is sad that an accident which occurred in the year 2000, and in which the respondent remained ex-parte as the order records, decided on 2006, is to be remanded in the year 2012. 5. The parties shall appear before the Commissioner, which will be the Civil Judge (Junior Division)-cum-Judicial Magistrate Ist Class, Nurpur, District Kangra, on 31st December, 2012, who shall proceed with the case on the material on record only and thereafter record his findings. It is clarified that the appellants shall not be granted any opportunity to lead any evidence etc. No fresh evidence will be allowed. Let the record be sent back forthwith.