BHARATBHAI HIRABHAI PARIKH Vs. BECHARBHAI KARSHANBHAI JOGATIYA

JUDGEMENT

(1.) The question of appreciation of evidence which is required to be considered in light of the fact that opponent no.1 herein also wants to produce some documents some evidence for consideration of this Court. This Court is of the opinion that that may not be effectively done before this Court, because that can be done only after giving an opportunity to either party to cross examine the person producing the documents on record. Therefore, this First Appeal is disposed of by remitting the matter to the Commissioner for Workmen's Compensation with a direction to re-hear Workmen's Compensation (Fatal) Application No.39 of 1997 again by giving an opportunity to both the parties and decide the same as early as possible, but not later than three months from the date of receipt of this order. It is clarified it will be open for the opponents to produce the additional evidence which they want to produce before the Workmen Compensation Commissioner within two weeks from the date of receipt of this order. Once such evidence is produced the Workmen's Compensation Commissioner is directed to give necessary opportunity of hearing to both the sides and decide the matter afresh.

(2.) During the pendency of this process of deciding Workmen's Compensation (Fatal) Application No.39 of 1997 afresh, the amount deposited by the appellant herein be deposited in a Fixed Deposit Account of any Nationalized Bank in the name of respondent/claimants initially for a period of six months with periodical renewals. In case the Workmen's Compensation Commissioner is not able to decide the application and extension of time is granted by this Court, then the Fixed Deposit be renewed for suitable period.

(3.) The amount of interest accruing on this Fixed Deposit be paid to the applicants of the Workmen Compensation Application on proper verification. The First Appeal is disposed of.