RAM LAL DANGI Vs. ROOP LAL DANGI

JUDGEMENT

(1.) (Oral)- The present misc. appeal has been filed by the appellant/non-claimant (Owner of Truck No.RJ-27-GA-3314) against the order dated 13.06.2012 passed by learned Commissioner, Workmen Compensation, Udaipur in WC Case No.57/2009- Rooplal Vs. Ram Lal , whereby the learned Commissioner dismissed the application filed by the appellant/non-claimant under Order 9, Rule 13 Code of Civil Procedure for setting aside the ex parte decree for payment of compensation in WC Case No.57/2009- Rooplal Vs. Ram Lal dated 24.01.2011.

(2.) The claimant/respondent filed claim petition claiming the compensation against the non-claimant/appellant herein on account of the injuries suffered by him during the course of employment, while he was working as the Driver on the Truck owned by the appellant, which met with an accident on 14.02.2009. In the said accident, the right leg of the claimant/respondent was crushed and he suffered fracture.

(3.) The learned Commissioner, Workmen Compensation, Udaipur, vide the impugned award dated 24.01.2011 awarded the compensation in favour of claimant/respondent to the tune of Rs.5,34,504/- as the right leg of the claimant/injured got crushed entirely causing fratures. The said claim petition was decided ex-parte against the non-claimant/appellant, Ram Lal S/o Manaji Dangi, owner of the truck, since the despite service of the summons, nobody appeared on behalf of appellant before the learned Commissioner, Workmen Compensation, Udaipur and, therefore, ex-parte proceedings were ordered to be drawn on 22.11.2010.