DELHI TRANSPORT CORPORATION Vs. KISHAN

JUDGEMENT

(1.) This first appeal is filed under Section 30 of the Employee's Compensation Act, 1923 impugning the judgment of the Commissioner dated 3.8.2012 allowing the claim petition and awarding compensation against the appellant/DTC. Interest @ 12% per annum has also been awarded.

(2.) There are two basic issues on which the impugned judgment has to be set aside and as argued before this Court on behalf of the appellant.

(3.) Firstly, the accident in this case took place on 24.1.1986 and claim petition was filed before the Commissioner in the year 2006 i.e after 20 years. The limitation for filing of a claim petition before the Commissioner under Section 10 is two years from the date of accident or two years from the date of death. In the present case, since there is an accidental injury, the claim petition had to be filed by January, 1988. Even if there has to be condonation of delay of a period, yet, the same cannot be for a period of as large as 18 years because on condonation of such a large delay the whole purpose of limitation is lost. In my opinion, there is absolutely no ground whatsoever which is sufficient for the Court to accept the condonation of delay of as many as 18 years in filing of the claim petition before the Commissioner. The Commissioner should have therefore thrown out the petition in limine and not even have issued the notice, leave aside the question of allowing the claim petition.