- (1.) THIS is an employer's appeal under Section 30 (1) (9), Workmen's Compensation Act. The respondent Bahadur Singh was employed in the Appellant's factory, the Brahma Metal and general Engineering Factory at Shamli, district Muzaffarnagar. He suffered injury in the course of his employment and claimed compensation. He was drawing a salary of Rs. 180/- per month and had free quarters, the rent of which has been valued at Rs. 18/- per month. The commissioner had awarded compensation of Rs. 5,600/- to the respondent on the basis of the salary of Rs. 180/- plus the benefit of a free house of Rs. 18/-, total Rs. 203/- per month.
(2.) THE accident in which the respondent was injured happened on 5-5-1952. Upto January 1953, he was in the hospital and thereafter from 29-4-1953 upto the end of May, 1953 he was, according to his allegation, suffering from typhoid fever. On 29-5-1953, he made an application to the Commissioner upon which the Commissioner granted him compensation as stated above.
(3.) THE first ground of attack taken before the Commissioner on behalf of the appellant was that the claim was not made by the respondent within time as the time fixed for filing such an application under the Workmen's Compensation Act was one year from the date of the accident. The Act, however, provides that the Commissioner may, if he finds that there was sufficient cause, entertain the claim even after the period of limitation. The Commissioner has found that there was sufficient cause for the delay in preferring the claim. The allegation as to the respondent being in the hospital upto January 1953, and then suffering from typhoid fever upto 29-4-1953, has been believed by the Commissioner. In the circumstances the Commissioner was perfectly justified in condoning the delay and entertaining the claim.;