ROHIT MALHOTRA Vs. ANAND KUMAR CHAURASIYA & ANR

JUDGEMENT

(1.) The petitioner has challenged the order dated 29th April, 2016 whereby the Commissioner, Employees' Compensation awarded compensation of Rs.9,08,657/- to respondent No.1.

(2.) Respondent No.1 filed an application for compensation against the petitioner seeking compensation on the ground that he was working with the petitioner as a machine man at a salary of Rs.7,500/-; on 11th October, 2013, the respondent returned back to his quarter after completing his night duty; on 12th October, 2013 at about 2:00-2:30 P.M., he received telephonic instructions that the petitioner's vehicle had gone out of order and another vehicle had been arranged but the driver does not know the route and, therefore, he should accompany the vehicle, whereupon respondent No.1 went with the vehicle which met with an accident with an unknown truck near Khampur, G.T. Karnal Road, P.S. Alipur; the police registered FIR No.470 dated 12th October, 2013 under Sections 279/337 IPC; respondent No.1 was treated at LNJP Hospital and he has suffered 85% disability.

(3.) As per the record of the Commissioner, Employees' Compensation the dasti summons was served on the petitioner on 15th January, 2016. The service report records that the officer, who went to serve the summons, talked to the petitioner and on his instructions, the munim Parmanand received the notice. The Commissioner, Employees' Compensation proceeded ex parte against petitioner on 18th January, 2016. Respondent No.1 filed ex parte evidence before the Commissioner, Employees' Compensation. Respondent No.1 relied upon the disability certificate dated 22nd November, 2014 issued by Medical Board of Satyawadi Raja Harishchandra Hospital according to which respondent No.1 has suffered 85% disability in relation to his upper limbs.