BHERU AND ANR. Vs. PAPPU LAL JAT AND ANR.
LAWS(RAJ)-2014-2-359
HIGH COURT OF RAJASTHAN
Decided on February 21,2014

Bheru And Anr. Appellant
VERSUS
Pappu Lal Jat And Anr. Respondents

JUDGEMENT

ALOK SHARMA, J. - (1.) The matter comes up on an application No.37/2014 under Section 5 of the Limitation Act for condonation of 287 days delay in filing the appeal under Section 30 of the Employee's Compensation Act, 1923 against the judgment dated 26.11.2012, passed by the Employee's Compensation Commissioner, Jaipur City, dismissing the claim petition filed by the claimants-appellants (hereinafter 'the claimants') holding that the employment of the deceased Shankar Lal Choudhary as a Khallasi with truck No. RJ-14-2G-3114 insured with the IFFCO TOKIO General Insurance Company Ltd. was not proved.
(2.) I have heard the counsel for the claimants and perused the application under Section 5 of the Limitation Act.
(3.) The only ground proffered for condonation of delay in filing the appeal is that the claimants are resident of a village not connected with the main road and were in fact traumatized by the death of their only son. It has been stated that in these circumstances, the claimants did not contact the counsel who was contesting their case before the learned Commissioner for a while and when indeed they did telephonically, they came to know that the claim petition filed by them had been dismissed. Thereafter the claimants are stated to have spent time for arranging counsel's fee and then come to Jaipur such that the appeal against the impugned order dated 26.11.2012 could be filed.;


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