BHARAT TOURIST PVT. LTD. Vs. GANGA DEVI

JUDGEMENT

(1.) This appeal under Section 30 of the Employee's Compensation Act, 1923 (hereinafter as referred to as "the Act") is directed against an order dated 24.09.2015, whereby the application filed by the appellant under Order IX Rule 13 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC") for setting aside the ex-parte order dated 31.12.2013 passed by the Commissioner, Employee's Compensation, was dismissed. By the said order, the Commissioner ex-parte allowed an application filed by the respondents no. 1 to 3 herein ("the claimants") under Section 4A of the Act, and imposed a penalty of Rs.2,85,360/- on the appellant.

(2.) The claimants are the wife and children of one Mahindra Singh who was employed as a driver with the appellant. He met with a fatal road accident on 16.07.2012 which led to an application for compensation under the Act being filed on 13.08.2012. The respondents in the application were the appellant/employer and the respondent no.4, which is the insurance company with which the vehicle was insured.

(3.) The claim was decided on 21.02.2013 by the Commissioner, Employee's Compensation and the insurance company was directed to pay the sum of Rs.5,70,720/- to the claimants. The operative portion of the Commissioner's order reads as follows-