COLLECTOR Vs. KALAWATI

JUDGEMENT

(1.) THE unsuccessful non-applicants have filed this appeal under Section 30 of the Workmen's Compensation Act, 1923 against the order dated May 24, 1988 rendered by the Commissioner for Workmen's Compensation (Labour Court) Mandsaur in Case No. 63/86/wc thereby directing the appellant No. 2 to pay the sum of Rs. 50,832/- together with interest at the rate of 6 per cent per annum and dismissing the claim against appellant No. 1.

(2.) BRIEFLY stated, the facts of the case are that Tikamchand, Husband of respondent No. I and father of respondents No. 2 and 3 was in the employment of appellant No. 2 and was receiving wages @ Rs. 26/per day. He was employed in the river valley Scheme of Kekukhada Stop Dam. On February 21, 1986, he died while on duty and thus due to accident arising out of in the course of his employment with appellant No. 2, the respondent therefore filed the claim petition against the appellants. The petition was opposed. On consideration, the aforesaid authority passed the order as noted above. Aggrieved, the appellants have filed this appeal.

(3.) THIS appeal was filed on August 3, 1988 and is thus, barred by three days. I. A. No. 2265/ 88 was filed under Section 5 of the Limitation Act, for condonation of delay. This was opposed by the respondents. On January 27, 1989 this Court had directed that this application shall be considered at the time of final hearing. On February 14, 1989, this appeal was admitted for its final hearing. The respondents were permitted to withdraw the amount deposited by the appellants on furnishing solvent security to the satisfaction of the Commissioner for Workmen's Compensation. We heard the parties on LA. No. 2265/88. We allow the application and condone the delay.