SHANTABAI ANANDA JAGTAP Vs. JAYRAM GANPATI JAGTAP

JUDGEMENT

(1.) The order dtd. 9/4/2010 passed by the High Court of Judicature of Bombay in First Appeal No.591 of 2009 upholding the order dtd. 4/7/2008 passed by the Commissioner for Workmen 's Compensation at Sangli (for short "the Commissioner") has been impugned by the legal heirs of the workman.

(2.) It is a case in which an application was filed by the legal heirs of the deceased Machindra Ananda Jagtap, who died in a road accident while driving jeep no. MH-10-8363 on 17/8/1993. The jeep was owned by Jayram Ganpati Jagtap and insured with the United India Insurance Co. Ltd. The claim was on the basis of the fact that the death of the Machindra Ananda Jagtap had occurred during the course of his employment, hence, his legal heirs are entitled to receive compensation. Claim of Rs.1,13,855.00 along with interest and penalty was made. The application was filed with the Commissioner on 2/8/2004 under the Employees Compensation Act, 1923 (for short "the 1923 Act").

(3.) The Commissioner rejected the application on the ground of delay as well as on merits. The claim petition was also held to be not maintainable in view of Sec. 167 of the Motor Vehicles Act, 1988 (for short "the 1988 Act"). The High Court upheld the order touching the issue of delay and not dealing anything on merits. The High Court found that the delay being enormous, the Commissioner had rightly declined to condonation of delay. However, the claim petition was held to be maintainable.