Bela M. Trivedi, J. - (1.) THE present appeal has been filed by the appellants -claimants under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the said Act') against the order dated 26.5.06 passed by the Workmen Compensation Commissioner, District Bharatpur (hereinafter referred to as 'the Commissioner') in Old Claim No. WC(F) 10/03, New NO. WC(F) D -33/04, whereby the Commissioner has dismissed the claim petition of the appellants on the ground of gross delay. It appears that the appellants -claimants had filed the claim petition before the Commissioner in the year 2004 claiming the compensation for the death of their only son, who had allegedly died in the accident on 11.8.93 during the course of employment of the respondent. The said claim petition has been dismissed by the Commissioner on the ground of having filed beyond the period of limitation, without any justifiable reason.
(2.) IT has been sought to be submitted by the learned counsel Mr. Satyapal Poshwal for the appellants that the appellants had called for the details about the death of their son from the concerned police station in the year 1995 but there was no response from the said police station and thereafter the appellants had also gave a notice to the respondent, which was replied by the respondent on 6.6.02 denying the allegations and, therefore, the claim petition was thereafter filed before the Commissioner. Relying upon the various judgments of the different High Courts, the learned counsel has submitted that the delay should be condoned in the interest of justice as the appellants are old aged persons and have lost their only son. As stated hereinabove the appellants had filed the claim petition in the year 2004 claiming the compensation for the death of their son allegedly occurred on 11.8.93 i.e. the claimants had filed the claim petition after about 11 years of his alleged death. From the record of the case, it appears that there was nothing to substantiate the allegations made by the appellants that the concerned police station had not given any response to the letter written by the appellants, inasmuch as there is no evidence to suggest that the appellants had written any letter to the concerned police station and the same was received by it. If the notice was served to the respondent, which was replied to by the respondent on 6.6.02, there was no reason for the appellants to wait again for 2 -3 years and file the claim petition in the year 2004. It is true that the Commissioner has powers to condone the delay occurred in filing of claim petition if he is satisfied about the sufficient cause as contemplated under Section 10 of the said Act. However, in the instant case the Commissioner after having considered the facts and circumstances of the case has found that the appellants had filed the claim petition after gross delay of more than seven years, without any justifiable cause. The order passed by the Commissioner being just and proper, the court is not inclined to interfere with the same. In that view of the matter, the appeal deserves to be dismissed and is accordingly dismissed.;