HALAMMA W/O LATE K.M. SURESH CHI Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) HEARD the counsel for Appellants and Respondent No. 1 regarding Misc. Cvl. No. 2928/2010 filed seeking condonation of delay of 1549 days in filing the appeal. Perused the affidavit filed in support thereof. It is stated that during April, 2007, Appellant No. 1 received notice from this Court in MFA No. 2778/2007 filed by Respondent No. 1 challenging the order passed by Commissioner for Workmen's Compensation. The contents of the affidavit disclose that one year six months after service of notice in MFA No. 2778/2007, she got in touch with her advocate to file the present appeal for enhancement.

(2.) ADMITTEDLY , the Claim Petition filed by Appellant herein was disposed of on merits on 13.07.2005 awarding compensation in a sum of Rs. 2,71,942/ - payable with interest at 12% from the thirtieth date of accident till date of deposit of the entire amount. The affidavit filed in support of application for condonation of delay does not disclose when she came to know about the order passed by Commissioner allowing Claim Petition, she does not state within how many days steps were taken by her to file the present appeal. In any event, on going through the affidavit, it is seen that no grounds are made out for condoning the inordinate delay of 1549 days in filing the present appeal. Therefore the said application is dismissed as it does not survive for consideration. In view of application for condonation of delay is dismissed, appeal also does not survive for consideration and accordingly the same is dismissed.