SECRETARY, GRAM PANCHAYATH, BISALLEHALLI, KADUR TALUK AND THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHYATH, CHIKMAGALUR Vs. SMT. MEENAKSHI W/O LATE PUTTASWAMY, MASTER SHARATH S/O LATE PUTTASWAMY AND MASTER BHARATH, S/O LATE, PUTTASWAMY

JUDGEMENT

(1.) THE respondents in NF. 18/2007 on the file of Commissioner for Workmen's Compensation, Chikmagalur have come up in this appeal challenging the exparte order dated 24.5.2007 passed therein.

(2.) BRIEF facts leading to this appeal are: The claimants before Commissioner are widow and minor children of late Puttaswamy said to be an employee of 1st respondent Gram Panchayath. It is their case that deceased Puttaswamy died on 17.11.2003 in an accident in the course of his employment under 1st respondent before Commissioner. As such, they are entitled to receive compensation from respondents 1 and 2 therein. Admittedly, in the said proceedings, though notice was duly served on respondents 1 and 2 they have remained exparte. Therefore, based on the material available on record, the Commissioner allowed claim petition and awarded compensation to claimants in a sum of Rs. 3.38.880/ -payable with interest at 12% pa., from 30th day of the order till date of deposit. Being aggrieved by the same, respondents have come up in this appeal on the ground that claim petition filed by widow and children of deceased Puttaswamy is misconceived, inasmuch as, there was no relationship of employee and employer between deceased Puttaswamy and 1st respondent, Grama Panchayath. Therefore, there is an error committed by Commissioner in accepting deceased Puttaswamy as employee of 1st respondent and holding that his death is caused in the course of his employment under 1st respondent, is contrary to the material facts.

(3.) ACCORDINGLY , appeal is allowed. The exparte order dated 24.5.2007 in NF. 18/2007 on the file of Commissioner for Workmen's Compensation, Chickmagalur, is set aside. The claim petition is remanded back to Commissioner with a direction that the claim petition shall be called on 16.11.2011. On that day, both claimants and as well as appellants herein shall appear before Commissioner without waiting for a formal notice and file their additional pleadings or statement of objections, if any and proceed with the matter by adducing evidence. The Commissioner shall thereafter dispose of the matter on merits within four months from 16.11.2011.