MISCELLANEOUS APPEAL NO. 287 OF 2004 ******** Against the order dated 14.05.2004 passed in W.C. Case No. 5/2000 by the Deputy Labour Commissioner-cum- Commissioner under Workmen’s Compensation. ****** NATIONAL INSURANCE COMPANY, LTD. REPRESENTED THROUGH SRI ANJANI KUMAR AND CONSTITUTED ATTORNEY OF THE NATIONAL INSURANCE COMPANY LTD, REGIONAL OFFICE AT 4TH FLOOR, SONE BHAWAN, VEER CHAND PATEL PATH, P.S. SACHIVALAYA, DISTRICT- PATNA …………….. Opposite Party No. 1/ Appellant. Versus 1. JAGDISH PASWAN, S/O LATE JETTAN PASWAN 2. DULARI PASWAN W/O LATE UDAI PASWAN 3. SHARDA KUMARI MINOR S/O UDAI PASWAN 4. RAHUL KUMAR, MINOR S/O UDAI PASWAN BOTH MINOR SON AND DAUGHTER UNDER THE GUARDIANSHIP OF THEIR MOTHER NAMELY DULARI PASWAN ALL R/O PATHARA P.S. MAGADAH UNIVERSITY, BODH GAYA, DISTRICT-GAYA ………………. Respondent Ist Set 5. CHOTU YADAV S/O LATE NATHUN YADAV R/O MOHALLA GOWAL BIGHA P.S. RAMPUR, DIST- GAYA (OWNER OF TATA 407 BEARING REGISTRATION NO. BR-2P 0580) ……………Opposite Party No. 2/ Respondent 2nd Set ************ For the Appellant : SHAILENDRA KUMAR ADV. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant is aggrieved with the order dated 14.5.2004 passed by Deputy Labour Commissioner-cum- Commissioner under Workmen’s Compensation Act, in W.C. Case No. 5/2000 and directed the appellant to pay a sum of Rs. 2,16,910/- within 30 days of the date of the order to the heirs of the deceased. 2. The learned counsel for the appellant contends that under the circumstances when the suit was contested before the Deputy Labour Commissioner for compensation he should not have decided the matter and same could be only adjudicated by the Labour Court headed by the Presiding Officer of the Labour Court-cum- Commissioner of compensation. The appellant, however, submits that during the pendency of this appeal the compensation amount has already been paid to the heirs of the deceased in all fairness and the matter may only be remanded to the Labour Court for enabling the appellant to recover the said amount from the owner of the vehicle. 3. In the context stated above, the matter is remanded to the Labour Court but without disturbing the finding on quantum of compensation or the fact that the respondents/claimants were entitled to compensation for the death of the workmen’s deceased. 4. In view of such, the order dated 14.5.2004 passed by Deputy Labour Commissioner-cum-Commissioner under Workmen’s Compensation Act, is set aside to the extent stated above and the matter is remanded for afresh adjudication by the Labour Court as to whether it was the Appellant or owner of the vehicle who was to compensate the workman. The Lower Court record be also returned to the court concerned immediately. 5. With these observations the application is allowed. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 28th February, 2011 NAFR/ Fahad.