SHRAMIK THAWALE Vs. ANIL KUMAR SAO

JUDGEMENT

(1.) Heard. 1. This miscellaneous appeal has been filed under Sec. 30 of the Employee's Compensation Act, 1923 (henceforth 'the Act') against the order/award 15/01/2015 passed by the Commissioner, Employees Compensation Act, Labour Court, Jagdalpur in case No. 59/2012/W.C. Act/ Non Fatal whereby the claim petition filed under Sec. 22 of the Act by the appellant/claimant has been dismissed on the ground of limitation.

(2.) Brief facts of the case are that the appellant was engaged as driver by respondent No.1 for his vehicle bearing registration No. CG17 D 0685. On 08/10/2008, the appellant was driving the said vehicle from Dongargarh to Jagdalpur and lost his control over the vehicle due to mechanical failure in break. As a result, the accident took place and the appellant got injuries. There were fractures in both the legs of the appellant due to which he got disability up to 50%. The matter was reported to the police. The appellant preferred claim petition under Sec. 22 of the Act along with application under Sec. 10 (1) of the Act for monetary compensation.

(3.) The Employer and Insurer of the vehicle entered into the proceedings of the Labour Court and resisted the claim of the appellant/claimant. The Labour Court on the basis of pleadings and material available on record framed as many as 5 issues for adjudication of the claim petition. The witnesses have been examined by the appellant/claimant and respondents. The Labour Court finally dismissed the claim petition on the ground of limitation holding that the claim petition was not preferred within 2 years of the occurrence of the accident and the appellant/claimant has not shown sufficient cause for condoning the delay in filing the claim petition.