LAWS(MPH)-2008-12-79

MANOJ KUMARI Vs. SHYAM SINGH TOMAR

Decided On December 05, 2008
MANOJ KUMARI Appellant
V/S
Shyam Singh Tomar Respondents

JUDGEMENT

(1.) THE appellants before this Court have preferred the present appeal under Section 30 of Workmen 'sCompensation Act claiming only enhancement of interest from 9% per annum to 12% per annum on the amount awarded by way of compensation.

(2.) THE appellants have also filed an application under Section 5 of the Limitation Act read with Section 30 of Workmen 'sCompensation Act for condonation of delay in filing the appeal. The appeal is barred by 1301 days.

(3.) ON the other hand learned Counsel for the respondent has relied upon a judgment delivered by this Court in the case Radheshyam and others V/s. Sushil and others, 2005 A.C.J. 239, wherein the same ground of ignorance of provisions of law and illiteracy have been taken in an application preferred under Section 5 of the Limitation Act and this Court has rejected the prayer for condonation of delay. Learned Counsel for the respondents has also relied upon a judgment delivered by the Apex Court in the case of Prakash and another V/s. Managing Director, K.S.R.T. C. and others, A.I.R. 2000 S.C. 3419, wherein the appeal was dismissed as barred by limitation as there was no explanation for inordinate delay of 416 days.