NATIONAL INSURANCE Vs. ANISH KHAN

JUDGEMENT

(1.) THE appellant has filed an application being Misc. Case No. 149 of 2002 for condonation of the delay of 72 days in filing the present appeal. Though the ground taken in the said application is not convicting considering the submission of the learned counsel for insurer appellant that unless the delay is condoned and the appeal is heard on merit, the Insurer would suffer irreparable loss. I condone the delay subject to payment of cost of rupees five hundred to the claimant respondent No. 1 within seven days hence. The misc. case is accordingly allowed.

(2.) WITH the request of the learned counsel for the parties, the appeal was taken up for admission and final disposal.

(3.) THE appeal is directed against the award passed by the Commissioner for Workmens Compensation -cum -Assistant Labour Commissioner, Cuttack, (hereinafter called the 'Commissioner) in W. C. Case No. 259 -D/98, wherein an amount of Rs. 1,65,753/ - has been awarded as compensation in favour of the claimant -respondent No. 1 for the bodily injuries sustained by him in an accident while driving the ill -facted bus bearing registration number ORY -3297 belonging to respondent No. 2.