1 2025:CGHC:55775 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 741 of 2017 1 - Premvati W/o Late Shri Santosh Singh, Aged About 25 Years. 2 - Preeti S/o Late Shri Santosh Singh, Aged About 2 Years Minor Through Guardian Mother Premvati. 3 - Sovind Singh S/o Late Shri Radhe Singh, Aged About 55 Years. 4 - Narbariya S/o Shri Sovinder Singh, Aged About 49 Years. Respondent No.2 is minor through their natural guardian mother Premvati wife of late Shri Santosh Singh. All are R/o Village Bhimbapar, Janjgir, District Janjgir-Champa, Chhattisgarh. .. Appellants/Claimants. versus 1 - Balram Banjara S/o Shri Khem Banjara, R/o Ward No.2, Nayak Mohalla Podaki, Pushparaj Nagar, Anuppur M.P. ...............Owner Of Jeep No. M.P.18 D 0323. 2 - Oriental Insurance Company Limited, Old Bus Stand, Bilaspur, District Bilaspur, Chhattisgarh, Through Branch Manager, Oriental Insurance Company Limited, Champa, District Janjgir-Champa, Chhattisgarh. ... Respondent(s) AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.11.18 14:32:58 +0530 2 For Appellants : Ms. Sonali Kesharwani appears on behalf of Ms. Bhagwati Kashyap, Advocates. For Respondent No.1 : Shri Jitendra Kumar Saxena, Advocate. For Respondent No.2 : Ms. Swati Agrawal appears on behalf of Shri Pankaj Agrawal, Advocates. Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 17/11/2025 1. This Miscellaneous Appeal has been preferred challenging the order dated 22.03.2017 passed by Commissioner, Employees Compensation Labour Court, Janjgir-Champa (C.G.) in Case No.20/EC Act/COC-1-B/14 (F) Claim, whereby opportunity of adducing evidence to the claimants/appellants was closed and the case was dismissed. 2. The present Appeal was admitted for hearing on 05.10.2023 on the following substantial question of law:- “Whether the Commissioner, Employees Compensation Labour Court was justified in rejecting the application filed by the appellant without affording any opportunity of hearing and without affording any opportunity of hearing to the claimants to record their evidence? ” 3. Necessary facts of the case are that deceased namely Santosh Singh on the date of accident i.e. 22.07.2013 was working as a Driver of Respondent Nos.1 of Jeep bearing registration No.MP 18 D-0323. On the date of hearing, when the case was fixed for the evidence of the claimants, no evidence was adduced by the claimants, though Advocate was present, therefore, considering that the case is too old, opportunity 3 of adducing evidence was closed and the claim case was dismissed. 4. Learned counsel for the appellants submits that as no warning was given to the claimants and considering the laudable object of Employees Compensation Act, the case may be remitted back with a direction to decide the lis on merits. 5. On the other hand, counsel for the respondents would support the order impugned. 6. Having heard counsel for the parties and upon perusing the order sheet of the trial Court, this Court is of the view that ends of justice would be served if the claimants are afforded one more opportunity to establish their case, in the spirit of Employees Compensation Act. Hence, the matter is remitted back to the Commissioner, Employees Compensation Labour Court, Janjgir-Champa (C.G.) with a direction to restore the case to its original number and afford one more opportunity to the claimants for adducing evidence. It is also directed that the said Court shall decide the matter in an expeditious manner preferably within an outer limit of 6 months of this Order. 7. Both the parties are directed to remain present before the Commissioner, Employees Compensation Labour Court, Janjgir-Champa (C.G.) on 15 th December, 2025. 8. Accordingly, the present Appeal is allowed. 9. Pending application(s), if any, stands disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash