HARKORBEN DALJIBHAI AND ORS. Vs. EMPLOYEES STATE INSURANCE CORPORATION

JUDGEMENT

(1.) THIS appeal has been filed by the widowed mother, widowed wife and four minor children of Dhulaji Dalaji, against the judgment and award dated September 7, 1979 in application (ESI) No. 10 of 1979 and the order dated March 28, 1980 in review application No. 2 of 1979 whereby the review application was dismissed. A few relevant facts are as under:

(2.) THE original application (ESI) No. 10 of 1979 was filed by Dhulaji for setting aside the decision of the Employees' State Insurance Corporation (hereinafter referred to as 'the Corporation' because the Corporation had rejected his application for commutation of his permanent disablement benefit and to grant him lumpsum amount as commuted value of the periodical payments and for a declaration that the decisions of the Medical Board and the Corporation are illegal, unjust and that the Applicant should be awarded a sum of Rs. 6,264/ - against the opponent with 6% interest as commuted value, of the disablement benefit. Pending proceedings the original Applicant Dhulaji Dalaji died and the Appellants before me are the heirs.

(3.) AT the time of hearing of this appeal, the Appellants have filed Civil Application No. 2196/82 praying for the condonation of delay in making the original application dated 26.7.1978. This application is given to -day and the grounds that have been made out in this application for the condonation of delay are similar to those which were urged before the lower authorities. There is hardly delay of one month and 13 days and looking to the facts and circumstances of the case and the grounds for the condonation of the delay made out by the Appellants in this civil application, I think the delay should have been condoned. The grounds which were made out by the insured person were that he was an illiterate and would not know the provisions of the Act and Regulations and he was ignorant about the amendment in the Regulations. It was also urged that because of the letter dated 16.6.78 addressed to the insured person, the application was made and it was within the period of six months. In the present civil application it is mentioned that Dhulaji the insured person did not know anything about the amendment in Regulation 76 -B which was published some time in December 1977. A Memo dated 3.3.1978 was issued by the Regional Director, E.S.I. Corporation, Ahmedabad to display it on the notice board giving information about the amendment with regard to the change in ceiling of permanent disablement benefit for the purpose of getting commuted value of same. Therefore, in view of all these facts it was submitted that the present civil application should be allowed and the delay in making the original application dated 26.7.1978 may be condoned. A specific ground is also made out in the Memo of present appeal at ground (1) that the High Court, in the interest of justice, should condone the delay and award the commuted value of the permanent disablement benefit of the deceased to the Appellants