IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.471 of 2004 GUPTESHWAR YADAV @ GUPTA YADAV son of Sri Ram Keshwar Yadav, resident of village- Ratanpura, P.S. Dariyapur, District- Gaya …Opposite party/Appellant Versus 1. MOST.SARITA DEVI widow of Late Jay Kumar @ Ashok Kumar 2. Puja Kumari, 3. Deepak Kumar, Both minor daughter and son of Late Jay Kumar @ Ashok Kumar under the natural guardianship, well wisher and next friend of their mother Smt. Sarita Devi 4. Most. Shanti Devi widow of Late Jagdeo Das All resident of village- Dariyapur, Cherki Bazar, P.S. Sherghati, District- Gaya …Petitioners/Respondents 5. M/s National Insurance Company Ltd. through its Sr. Divisional Manager, Gaya, Shanti Market, South Church Road, Gaya, P.S-Civil Lines, District- Gaya 6. Deputy Labour Commissioner-cum-Workmen Compensation Commissioner, Magadh Division, Gaya …Opposite parties/Respondents ----------- 15/ 24.02.2011 Heard the parties. The appellant is aggrieved with the judgment dated 13.09.2004 passed by the Deputy Labour-cum-Workmen’s Compensation Commissioner, Magadh Division, Gaya, in W.C. Case No. 35 of 2001, by which he has directed to compensate the claimant, who was the wife of the employee of the appellant. The appellant has filed this appeal on the ground that he is neither the owner of the truck nor the driver and the deceased was not his Khalasi. Further contention is that he did not die in course of employment and was not his employee. On going through the judgment impugned, I find that despite notices to the appellant, he chose not to appear before the court below and this order was passed without his appearance despite notices to him. 2 Since the appellant had adequate notice about the proceedings and chose not to appear before the court below whereafter the impugned judgment was passed, I am not inclined to entertain this appeal. The appeal is dismissed. JA/- (Anjana Prakash,J.)