SHIV PRASAD PATEL Vs. CHETRAM GOND

JUDGEMENT

(1.) The Workmen's Compensation Act, 1923 (for short the 'Act') is enacted with a laudable social welfare objective that the victims of accident should receive compensation in a summary proceeding to be conducted by the Commissioner without any unreasonable delay. But, the dispute brought before the Court would reveal that the victim of the accident notwithstanding the lapse of more than seven years has not received the compensation awarded by the Commissioner in this litigative process. The circumstance, therefore, should pain the conscience of the Court.

(2.) The first Respondent herein claims to be an employee of the Petitioner-employer. The first Respondent filed an application before the second Respondent-Commissioner claiming compensation of Rs. 13,8,530.00 on account of having sustained certain grievous injuries in an accident occurred on 04-04-98 in the course of employment. It was stated by the first Respondent that he was employed as a driver of truck bearing registration No. MBS-6355 owned by the Petitioner on monthly salary of Rs. 1500.00 and daily allowance at the rate of Rs. 20.00. According to the first Respondent, he was employed on 25-11-97 and while he was serving as driver on 04-04-98 the boulders loaded in the truck were required to be unloaded in Sandri Bandh. Since it was late night, he parked the Truck near village Kukdur, put off the engine keeping the truck in gear and while he was putting stopper the truck rolled back causing grievous injuries to the first Respondent.

(3.) The Commissioner on receipt of the claim petition caused notice to the Petitioner herein by registered post acknowledgment due thrice. All the three notices have been returned unserved with a postal Shira "unclaimed". In the circumstance, the Commissioner proceeded to conduct enquiry ex-parte and on appreciation of oral and documentary evidence passed the order on 31st December 1998.