IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.190 OF 2010 Between: United India Insurance Company Limited ..... APPELLANT AND Sri Kandukuri Sailoo, S/o. Sri K. Narsaiah and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.190 OF 2010 JUDGMENT: This appeal, under Section 30 of the Workmen’s Compensation Act, 1923, is directed against the Judgment, dated 27.02.2008, passed in W.C.No.230 of 2004, on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour – I, Hyderabad, whereunder and whereby the trial Court granted compensation of Rs.1,79,240/- together with costs. 2. Heard both sides. 3. The only contention raised by the learned counsel for the appellant is that no opportunity was given to the appellant/Insurance Company to lead evidence and it is a case where the claimant tampered with the cover note, so as to claim the compensation. 4. The learned counsel for the respondent No.1 contended that after perusing the document i.e., cover note, the Commissioner rightly granted compensation. 5. Ordinarily the policy will be issued for a period of one year, but in this case the policy, which is marked on behalf of the claimant, is given for two years, giving rise to a prima facie suspicion at this stage that it was tampered. Admittedly, no opportunity was given to the appellant to lead evidence. Therefore, on this ground alone the impugned order shall have to be set aside and accordingly is set aside and the matter is remanded to the trial Court for giving due opportunity to the appellant to lead evidence in accordance with law and thereafter the case shall be disposed of by the trial Court within a period of four weeks from the date of receipt of a copy of this order. 6. Accordingly, the Civil Miscellaneous Appeal is allowed. It is brought to the notice of this Court that the appellant/Insurance Company has already deposited the entire amount to the credit of the petition. The same shall be continued to be in Court deposit. The same shall be subjected to final orders of the case. There shall be no order as to costs. _______________ K.C. BHANU, J February 18, 2010 MD