HAKIM SINGH Vs. NEW KANPUR AGRA TRASPORT COMPANY

JUDGEMENT

(1.) The present appeal has been instituted under Sec. 30 of the Employees' Compensation Act, 1923 (hereinafter, referred to as the 'Act') on behalf of the appellant/claimant assailing the order dtd. 13/9/2017 passed by the learned Commissioner, Employees' Compensation Act, DistrictWest, Karampura, Delhi in Case No. WC/31/WD/17.

(2.) In his petition(s) filed before the learned Commissioner for compensation under Sec. 22 of the Act, the appellant claimed that he was employed as a driver with respondent No.1 on vehicle bearing No. UP-78- CN-8951 (Truck) and on 1/9/2015, he met with an accident while driving the truck during the course of employment.

(3.) The appellant preferred his first claim petition before the concerned Commissioner on 12/8/2016. However, on 7/3/2017, he submitted an application for withdrawal of the claim petition. The claim petition was permitted to be withdrawn by the concerned Commissioner on 7/3/2017, but "no liberty was granted". Later, on 27/3/2017, the appellant preferred a second claim application before the Commissioner, Employees' Compensation, West District, Karampura, New Delhi by way of ECA No.31/17, which came to be dismissed vide the impugned order on the ground that while granting permission to withdraw the earlier claim petition, the concerned Commissioner had not granted liberty to the appellant.