THE HON'BLE SRI JUSTICE R.KANTHA RAO CIVIL MISCELLANEOUS APPEAL NO.901 OF 2010 JUDGMENT: Heard the learned counsel for the appellants (O.P.Nos.1 & 2) and the learned counsel appearing for the respondent/applicant. I have perused the order passed by the learned Commissioner for Workman Compensation, Adoni, Andhra Pradesh, in W.C.No.2 of 2001 dated 26.06.2010. The respondent filed the claim petition stating that he was a workman in the factory, namely, Balaji Hot Mix Plant, Near Bychigeri, Yemmiganur Road, Adoni. While he was working in the said premises, he received injury, on account of the blast that occurred in the factory, which ultimately resulted in fracture of the bone just below the right shoulder necessitating insertion of metal rod and he became permanently disabled from lifting any weights or doing heavy manual work with right hand. According to him, he was hurt by a big stone that came out of the blast. The question before the learned Commissioner was as to whether the applicant-respondent is a workman in the quarry or a coolie engaged in the lorry. Learned Commissioner passed a cryptic order without referring to the evidence and without deciding the crucial issues and awarded an amount of Rs.1,20,000/- along with interest at 9% per annum fastening liability of both the appellants. In fact, the order only stated that appellants 1 and 2 are liable for payment of compensation as per the Workman’s Compensation Act, 1923 and they are avoiding the liability. The contention of the parties is that the evidence adduced on either side has not at all been considered properly by the learned Commissioner and the order is liable to be set aside. In that view of the matter, the order passed by the learned Commissioner in W.C.No.2 of 2001 dated 26.06.2010 on the file of the Commissioner for Workman Compensation, Adoni, Andhra Pradesh, is set aside and the matter is remitted back to the Commissioner for disposing the case afresh, thoroughly considering the contentions urged by both the parties and dispose of the same within a period of three {3} months from the date of receipt of a copy of this judgment. Subject to the above, the Civil Miscellaneous Appeal is disposed of. No costs. ________________ (R.KANTHA RAO, J) 22nd December 2010 RRB