MAHINDER SINGH Vs. NARESH KUMAR

JUDGEMENT

(1.) The petitioner has challenged the order dated 26th June, 2015 where by compensation of Rs. 1,29,659/- has been awarded to respondent no.1.

(2.) Respondent no.1 instituted an application for compensation before the Commissioner, Employees' Compensation on 2nd August, 2010. It was pleaded in the application that respondent no.1 suffered an accident on 24th July, 2009 during the course of his employment with the petitioner. However, in the evidence by way of affidavit, the respondent no.1 deposed that he suffered an accident on 24th July, 2006. An ex parte award was passed by the Commissioner, Employees' Compensation on 26 th June, 2015.

(3.) Learned counsel for the petitioner urged at the time of hearing that the claim application was barred by limitation as it was filed after more than two years of the alleged accident dated 24th July, 2006 and no application for condonation of delay was filed by respondent no.1. It is further submitted that the petitioner and respondent no.1 settled the matter on 25th August, 2009 in pursuance to which the petitioner made payment of Rs. 1,25,000/- to respondent no.1 on 5th September, 2009 in full and final settlement. Copy of the agreement and the receipt of payment have been filed along with the appeal.