JAGANNATH GUPTA Vs. AWADH RAM

JUDGEMENT

(1.) IN this appeal by the appellant/workman under Section 30 of the Workmen's compensation Act, 1923 (henceforth 'the Act')following question arises for determination: "whether the Commissioner, Workmen's compensation, Labour Court, Raipur was justified in rejecting the application on the ground that it was barred by limitation?" brief facts are that on February 20, 1997 the appellant/workman, who was employed as a driver of the respondent No. 1 in Truck No. M. O. T. 3233 met with an accident due to sudden failure of brake. The right leg of the appellant/workman was amputated near the ankle joint. The appellant/workman preferred an application under Section 10 of the Act for compensation on March 13, 2002 before the commissioner for Workmen's Compensation, labour Court, Raipur (henceforth 'the commissioner' ).

(2.) BY the impugned order dated September 12, 2007 passed in Case No. 76/w. C. Act/2002 non Fatal, the Commissioner dismissed the application solely on the und of limitation. In paragraph 6 of the impugned order, it was stated as rider: " Vernacular matter omitted. "

(3.) MS. Renu Kochar, learned counsel for the appellant and Shri Abhishek Sinha, learned counsel for respondent No. 2/insurer were heard at length. No one appears for respondent no. 1 despite service of notice.