SHRI RAJINDER SINGH SON OF AMAR SINGH (DECEASED), NOW REPRESENTED BY HIS WIDOW RAM RATI Vs. BOOTA RAM RAM PARKASH, SAW MILL

JUDGEMENT

(1.) This appeal is directed against order dated 4.12.1986, passed by the Commissioner, Workmen Compensation, Sonepat Circle Sonepat, (for short, Commissioner), whereby in view of statement of the appellant and the respondent, that compromise has been entered into between the parties, the case was closed.

(2.) A few skeletal facts in order to unfold the dispute between the parties are that on 5.6.1985, Rajinder Singh (since deceased) who was employed by the respondent in the year 1982 suffered injuries on various parts of his body on 19.8.1984 during the course of his employment. As a result of which, he suffered paralysis. He was discharged from Medical Hospital, Rohtak on 5.3.1985 and the hospital issued a certificate to the effect that he had lost 100% working capacity. He claimed half monthly payment @ Rs. 250/- p.m. from the date of accident i.e. Rs. 19.8.1984 till the date when he was discharged from the hospital i.e. on 5.3.1985. He also claimed lump sum payment of Rs. 75,000/-

(3.) During the pendency of the aforesaid proceedings, injured Rajinder Singh died on 28.9.1985 and was substituted by his legal representatives, namely Ram Ratti, his widow and four children. On 4.12.1986, the Commissioner recorded the statement of Mr. S.K. Jain, Advocate, appearing on behalf of the appellant/claimant and one Amar Singh, who had stated that a compromise has been effected between the parties and the claimant had received the entire amount of compensation from the respondent. Thus, there is no claim left of the complainant in respect of the death of Rajinder Singh from the respondent. Another statement was suffered by Buta Ram, respondent who had stated that "I have compromised the claim arising out of death of said Rajinder Singh and has paid the entire amount of claim to the claimant". On the basis of these two statements, the learned Commissioner passed the impugned order.