ANSARI KHATOON Vs. GREYROUND CARRIERS

JUDGEMENT

(1.) RE : CAN 420 of 2015 (recording death) Death of the appellant no.4 was reported to the other Division Bench of this Court earlier on 19th December, 2014. Accordingly, liberty was granted to the appellants to take steps for recording the death of the appellant no.4 viz., Abhayfulla Sardar. He died on 7th March, 2014 i.e. after pronouncement of the award but before filing of the appeal. All the heirs and legal representatives of the said deceased are already on record. Hence formal substitution is not needed. The application for recording the death of the appellant no.4 filed by the appellants being CAN 420 of 2015 is allowed.

(2.) RE : CAN 11318 of 2014 (condonation of delay) This appeal was filed beyond the prescribed period of limitation. There was 229 days delay in filing this appeal.

(3.) REASON for the delay has been explained by the appellants/applicants in this application for condonation of delay. It is stated therein that the impugned award was passed by the Learned Tribunal on 16th December, 2014. Immediately thereafter certified copy was applied for and the certified copy was delivered to the appellants on 28th January, 2014. It is further stated therein that the appellants lost their only earning member in the road accident and as a result due to financial constraint, they could not file the said appeal within the prescribed period of limitation. However, on receipt of the awarded compensation from the concerned Insurance Company in the end of October 2014, the instant appeal was made ready and the same was filed in the second week of November 2014.