JAIN SYNTHETICS LIMITED Vs. LAXMAN BHAGAJI THOMBRE DIED

JUDGEMENT

(1.) THE appellant company has challenged the judgment and order dated 24th October, 1989 passed by the Commissioner for Workmens Compensation and Judge, Labour Court, Aurangabad in Application WC No. 31 of the 1988 filed by the deceased applicant who claimed compensation under section 10 of the Workmens Compensation Act for the employment injury which he sustained on 4th October, 1986 when he was working on the roof of the Company and he fell down and sustained a fracture injury which was certified by the doctor to be 30% permanent disability. Soon after the said accident, it appears from the record that, the applicant issued a notice to the appellant Company claiming compensation for the employment injury. There was no reply to the said notice. The applicant, therefore, filed the present application for compensation. The appellant Company as well as the respondent No. 2, both were served with the Courts notice. The appellant Company did not file its written statement while the respondent No. 2 filed his written statement but remained absent on the date of the evidence. In these circumstances, the learned Commissioner was constrained to decide the matter ex-parte in their absence.

(2.) THE applicant examined himself to prove the extent of the employment injury. His evidence was accepted by the learned Commissioner. The medical certificate issued by the doctor, certifying the permanent disability to be 30% was accepted by the Commissioner. On the basis of the wages received by the applicant the Commissioner computed the total amount of compensation to be Rs. 30,578/- and Rs. 15,289/- towards fifty per cent penalty on the compensation amount payable to the applicant. The learned Commissioner also awarded 6% p. a. interest on the compensation amount from 4th October, 1986.

(3.) THE appellant company has challenged the aforesaid ex-parte order solely on the ground that it had entrusted the matter to one Advocate Shri Pradeep Dabhade but he did not file the written statement nor did he attend the matter on several dates. It is submitted on behalf of the appellant company that for the mistake of the Advocate the party should not suffer. It is, therefore, prayed that the ex-parte order should be set aside.