IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FOURTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.797 OF 2010 Between: Tigulla Siddiramulu ..... APPELLANT AND Vanjari Kishtaiah and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.797 OF 2010 JUDGMENT: This Civil Miscellaneous Appeal, under Section 30 of the Workmen’s Compensation Act, 1923, (for short, “the Act”) is filed against the order, dated 03.03.2010, in W.C.No.14 of 2004 (NF), on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Sangareddy, whereunder and whereby, the application, filed under Section 22 of the Act, claiming compensation of Rs.1,50,000/- for the injuries sustained by the appellant during the course of employment, was dismissed on the ground that the appellant had not filed the disability certificate. 2. Heard both sides. 3. For non-production of medical certificate, the trial Court dismissed the claim of the appellant. Even though the appellant has not produced the disability certificate issued by the competent doctor, the learned Workmen’s Compensation Commissioner ought to have examined the witnesses on behalf of the appellant and decide the matter on merits. Therefore, the impugned order is liable to be set aside. 4. Accordingly, the Civil Miscellaneous Appeal is allowed setting aside the order, dated 03.03.2010, in W.C.No.14 of 2004 (NF), on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Sanga Reddy and remitting the matter to the trial Court to give opportunity to the appellant to produce the disability certificate issued by the competent doctor and decide the case in accordance with law, after giving due opportunity to both the parties. There shall be no order as to costs. _______________ K.C. BHANU, J October 04, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.797 OF 2010 October 04, 2010