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2007 Supreme(Jhk) 575

M.Y.EQBAL, D.G.R.PATNAIK
Subodh Bhagat – Appellant
Versus
Sazada Khatoon – Respondent


Advocates appeared:
For the Appellant : M/s Arbind Kumar Lal, Shashank Shekhar Prasad.
For the Respondent Nos. 1 to 3: Mr. Ashutosh Anand.
For the Respondent No.4: Mrs. Nisha Thakur.

Judgment

By Court.-Heard the parties.

2. This appeal by the owner of the vehicle, is directed against the order dated 12.3.2003 passed by the Commissioner, Workmen's Compensation, Ranchi in W.C. Misc. Case No. 2 of 2002, whereby he has rejected the application filed by the appellant for setting aside the ex parte Award passed in C.W.C. No. 30 of 2001.

3. Admitted fact is that the appellant is the owner of Maruti Van bearing registration no. JH-01 A-6069. The deceased was employed as a driver in the said Maruti Van. The Van was booked for 15 days to carry passengers from Ranchi to Dhanbad. On the way, the driver was murdered by the miscreants. The widow and the minor children preferred an application before the Commissioner, Workmen's Compensation, Ranchi for grant of compensation, impleading the appellant owner of the vehicle and also the Insurance Company in the said application. The appellant appeared and filed written statement. However, he left pairvi in the case. The Commissioner after giving sufficient opportunity to the appellant, proceeded to decide the case ex parte against him. Accordingly, an ex parte order was passed fixing the liability upon the owner of the vehicle for p









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