GANASIYA Vs. SHREE DAAMJI

JUDGEMENT

(1.) Being aggrieved by the award dated 11.12.2007 passed by MACT, Badwani in claim case No. 202/07 for compensation on account of injuries was dismissed, the present appeal has been filed.

(2.) Short facts of the case are that appellant filed a claim petition against the respondents for compensation on account of injuries sustained by him. Upon notice, appearance was made by respondent No. 3 but respondent Nos. 1 and 2 could not be served inspite of giving repeated opportunities to the appellant to pay the Process Fees. Since appellant failed to pay the process for publication, therefore claim petition was dismissed, against which the persent appeal has been filed.

(3.) After taking into consideration all the facts and circumstances of the case and keeping in view the reason for dismissal of the claim petition, the appeal filed by the appellant is allowed and impugned award is set aside so far as it relates to appellant with a direction to the learned Tribunal to give opportunity to the appellant to serve respondent Nos. 1 and 2 ordinary as well as by publication and then to proceed with the case.