ALI MOHAMMAD MIR Vs. STATE IF J&K ORS.

JUDGEMENT

(1.) Mohammad Shafi Padhar S/o Mahamadoo Padhar R/o Chaknarwah, Tehsil Banihal, District Doda,- respondent No.3 herein, on 24th June 2003 filed an application under section 21 Workmen's Compensation Act, 1923, before Commissioner Under Workmen's Compensation Act, (Assistant Labour Commissioner) Doda, pleading therein that he while under employment of the present petitioner, sustained multiple injuries, resulting in fracture to his right arm and right radius bones when he was unloading firewood from Truck No. JK01C 5070 owned by the petitioner at Athwajan Pantha Chowk, Srinagar. The respondent No.3 insisted that the multiple injuries were sustained during course of employment making his employer petitioner herein liable to pay compensation to the Respondent No.3 under Workman's Compensation Act 1923.

(2.) The Commissioner on receipt of the application issued notices under registered cover to the present petitioner. The petitioner failed to appear and contest the application and was set ex-parte on 29.10.2003.

(3.) The Commissioner recorded evidence in exparte and on perusal of the evidence, awarded an amount of Rs.1,82,500/- with cost assessed at Rs.530/- to the respondent No.3. The award amount was to carry interest @ 12% per annum in the event it was not deposited within 30 days from the date of award i.e 23.2.2005. The Petitioner failed to make the payment constraining the petitioner to approach Special Tehsildar, Recoveries, Srinagar, with an application for recovery of award amount with cost and interest in accordance with the rules. The Special Tehsildar, Srinagar, on 15.5.2006 issued an arrest warrant against the petitioner and directed the matter to come up on 12.8.2006.