1. - This appeal has been filed by the insurance company against the award of the Workmen Compensation Commissioner, Jaipur Distt. I, Jaipur in claim case No. 182/2008 whereby an award for Rs. 1,95,219 along with interest has been passed in favour of the claimant respondent.

2. Brief facts of the case are that on 27.8.2008 in a road accident the claimant sustained injuries during course of employment as he was working as Khalasi of Truck No. RJ 20 GA 1280 which was owned by respondent No.2 and insured with the appellant insurance company.

3. In the claim petition the claimant stated that due to accident he sustained number of injuries over his body and he became permanently disabled and the permanent disability certificate was produced showing 36% permanent disability. The respondent No.2 despite service of notice did not appear before the Commissioner and as such the order to proceed exparte was passed against him on 4.8.2009.

4. The insurance company submitted reply to the claimant petition denying the averments. It was pleaded that no notice under section 10 of the Workmen Compensation Act, 1923 was served upon the insurance company. Alleged incident took place on 27.8.200