S SANTOSH KUMAR Vs. SIMI

JUDGEMENT

(1.) Both the petitions are for condonation of delay in filing the appeals. M.F.A. No. 663 of 2001 was preferred against the award passed in O.P. (M.V.) No. 650 of 1996 of the M.A.C. Tribunal, Thiruvananthapuram. Both the petitions are for condonation of delay in filing the appeals. M.F.A. No. 663 of 2001 was preferred against the award passed in O.P. (M.V.) No. 650 of 1996 of the M.A.C. Tribunal, Thiruvananthapuram.

(2.) M.F.A. No. 664 of 2001 was preferred against the award passed in O.P. (M.V.) No. 651 of 1996 of the same Tribunal. O.P. (M.V.) Nos. 650 and 651 of 1996 were heard and disposed of along with O.P. (M.V.) No. 597 of 1996 and a common award was passed by the Tribunal on 3.1.2000. Appeal, M.F.A. No. 888 of 2000 has already been filed against the award passed in O.P. (M.V.) No 597 of 1996 and the same was admitted on 18.9.2000. Notice was already served on the respondents.

(3.) Counsel appearing for the respondents took notice in C.M.P. No. 5596 of 2001 and opposed the petition for condonation of delay. There is a delay of 214 days in filing the appeal. In both the cases the accident occurred subsequent to the coming into effect of Act 54 of 1994. Amendment came into effect on 14.11.1994. Before the coming into effect of the Amendment Act 54 of 1994, application for compensation was to be made within a period of six months from the date of occurrence of the accident. However, the Tribunal could entertain the application even after the expiry of the said period of six months, but not later than twelve months if it is satisfied that the applicant was prevented by sufficient cause from making the application in time. The said provision was omitted by Act 54 of 1994. Consequently there is no time limit for filing applications before the Tribunal. Further, Sec. 166 (4) states that the Claims Tribunal shall treat any report of accidents forwarded to it under sub-sec. (6) of Sec. 158 as an application for compensation under the Act. Therefore in appropriate cases Claims Tribunal can determine the claim as if there is an application before it no receipt of the report under Sec. 158(6) of the Act.