ABDUL VAZEED S/O VAZID SAB Vs. SRI. JAYARAJ S/O ANTHAPPA, MAJOR MATASAGARA VILLAGE AND POST SAKALESHAPURA TALUK HASSAN DISTRICT (OWNER OF THE LORRY BEARING REG. NO. KA-13/6859) AND THE BRANCH MANAGER NEW INDIA ASSURANCE CO. LTD. HEMA MANSION, GA

JUDGEMENT

(1.) THERE is delay of 1334 days in filing the appeal. In the affidavit filed in support of application it is stated that, during last week of March, 2007, the claimant was informed by his Advocate that the Commissioner for Workmen's Compensation has awarded compensation of Rs. 1,79,400/ - in terms of order dated 07.02.2007; after the accident., the claimant was in financial crisis and borrowed money for his livelihood and treatment; after withdrawing the compensation, he was busy with follow up treatment; Later on, he came to Bangalore for filing this petition.

(2.) FROM the averments of affidavit, it is apparent that claimant knew the decision of case and claimant had withdrawn compensation deposited by the respondent in the month of March, 2007. This appeal was filed on 14.12.2010 viz., after a lapse of 31/2 years.