IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 MFA.No. 38 of 2009() -------------------- (W.C.C.102/2003 of the Commissioner for Workmen's Compensation, THRISSUR APPELLANT(S): APPLICANT: ------------------------ NIKHIL, S/O.CHANDRAN, AGED 24 YEARS, AMBATTU HOUSE, ENGANDIYUR VILLAGE, ENGANDIYUR, CHAVAKKAD. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): OPPOSITE PARTIES: -------------------------------- 1. MRS.BINDU DILEEP, POTTEKKATTU HOUSE, KANDASSANKADAVU P.O., THRISSUR DISTRICT. 2. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, P.B.NO.57, PRESIDENT BAZAAR, KURUPPAM ROAD, THRISSUR, REPRESENTED BY ITS BRANCH MANAGER. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- M.F.A.(W.C.C.) No.38 of 2009 ----------------------------------------------- Dated 14th October, 2011. J U D G M E N T K.M.Joseph, J. The applicant in a proceeding under Section 22 of the Workmen's Compensation Act, is the appellant. The appellant claimed that while he was working as cleaner of a bus owned by the first opposite party, he sustained injuries in a motor vehicle accident. According to him, while washing the bus in the garage, he slipped down to the earth resulting in the injuries. He examined himself and one Rakesh, who is shown as conductor of the bus. He also examined a medical practitioner as AW3. He has produced Ext.A2 disability certificate, Ext.A3 medical bills and Ext.A4, which is another disability certificate. The first opposite party was absent. It would appear that the second opposite party filed a written statement. It is interalia contended that one Sreedharan was cleaner of the vehicle. Thereafter, the Commissioner has stated that the first opposite party was summoned, he was absent and he did not produce MFA 38/2009 2 documents before the Commissioner. Thereafter, it is stated as follows : “Nobody was examined on the side of the 2nd opposite party and no document was produced. Evidence of both parties were closed and arguments heard. From the evidence and pleadings in this case, that the applicant has not produced any records to show that the applicant had sustained injuries out of use of the vehicle. So there was no casual connection with injury claimed by the applicant. The case was dismissed.” 2. We heard learned counsel for the appellant. Though served, there is no representation for the respondents. 3. Learned counsel for the appellant pointed out that there were material. We feel that the matter has to be redone. Accordingly, the impugned order is set aside and the matter is remanded back to the Commissioner. The Commissioner will take up the matter and dispose of finally, within a period of six months from the date of production of a copy of this judgment. The lower court records received will be MFA 38/2009 3 sent back immediately. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy) P.S. to Judge.