NEW INDIA ASS. CO. LTD. Vs. BALBIR SINGH

JUDGEMENT

(1.) This first appeal is filed under Section 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as 'the Act') against the impugned judgment of the Commissioner dated 7.7.2006 which has allowed the claim petition filed by the respondent no.1 herein. Before allowing the petition on merits, the Commissioner has condoned delay of about 20 years in filing the petition.

(2.) On behalf of the appellant it is argued that no sufficient cause was shown for the Commissioner to condone the delay from 15.9.1982 to 17.12.2004 i.e the delay of more than 20 years. It is argued that the respondent no.1/claimant did not plead the necessary facts for such a large delay of 20 years to be condoned. It is contended on behalf of the appellant that as per Section 10(1) of the Act period of limitation is two years for filing of claim petition after the accident, and no doubt there is provision for condonation of delay by showing sufficient cause, however, if delay of 20 years is condoned, especially when there is no sufficient cause, a wrong precedent will be set for all future cases.

(3.) The undisputed facts in this case are that respondent no.1 was a driver on the truck owned by the respondent no.2 herein. The truck met with an accident on 15.9.1982 at about 11.30 A.M. at Jaipur highway. The respondent no.1 had in the year 1993, before filing the claim petition under the Employee's Compensation Act, filed a compensation case before the State Commissioner under the Consumer Protection Act, 1986. This petition seeking compensation was dismissed by the State Commission on the grounds of limitation on 18.12.1994. Even the appeal which was filed by the respondent no.1 was dismissed on 22.5.2002 though it was observed by the National Commission that the case of the respondent no.1 can be considered sympathetically. This observation however was of no legal effect /binding for giving of compensation, because, the petition under the Consumer Protection Act was dismissed. Respondent no.1 thereafter filed a petition under the Motor Vehicles Act, 1988 on 27.5.2003 but withdrew the same on 16.12.2004 by praying for liberty to file the present petition under Employee's Compensation Act. MACT allowed withdrawal of the petition with permission to file a petition under the Employee's Compensation Act vide order dated 16.12.2004 and which reads as under:-