NATIONAL INSURANCE CO LTD Vs. V NAGARAJU

JUDGEMENT

(1.) The second respondent Insurance Company in WCA. NFC/CR-169/2005 has come up in this appeal impugning the order dated 30.1.2008 passed by the Commissioner for Workmen's Compensation Sub-Division-2, Mandya. This appeal is filed contending that there is gross error on the part of Commissioner for Workmen's Compensation in appreciating the material evidence available on record, while awarding compensation to the claimant before the Commissioner under the head loss of earning capacity which is quantified to an extent of 50% when the claimant who is said to be driver has got his driving license renewed twice subsequent to the date of the accident. Incidentally this appeal is filed with inordinate delay of 345 days. Hence application in Misc. Cvl. 5658/09 is filed seeking condonation of delay.

(2.) Heard learned counsel for the appellant as well as contesting respondent - claimant before the Commissioner. Perused the affidavit filed in support thereof.

(3.) On going through the same, it is clearly seen that there is an attempt on the part of appellant Insurance Company to explain the inordinate delay caused in filing this appeal What is stated in the affidavit is the date on which the claim petition was allowed and the date when this appeal is filed, in between the delay of nearly one year is tried to be explained as procedural delay That one of the Officer of appellant misplaced the file, it could not be traced to file the appeal within the period of limitation, hence there is delay When this court expressed that the aforesaid reasons are not sufficient to condone the delay of nearly one year, time was sought to file better affidavit At that time it was made clear that the Regional Manager should ascertain and find out which of its Officer is responsible for the delay, so that cost if any imposed while condoning the delay, the same could be recovered from that officer