(1.) IN view of reasons given in this application, which is accompanied by an affidavit, it is allowed and 42 days' delay in filing the appeal stands condoned.
(2.) APPELLANT -Insurance Company has filed this appeal against order passed by the Commissioner under Workmen's Compensation Act, (in short the Act), awarding compensation to the tune of Rs. 3,98,800/- alongwith interest @ 9% to the claimants (respondent Nos. 1 to 6). So far as death of Ramesh Kumar deceased workman in accident arising out of and in the course of his employment with respondent No. 7 is concerned, it stood established on record. Counsel for the appellant has failed to show any defect in the finding given by the Court below in that regard. It is evident from the records that the Court below, by taking note of certificate issued by the SDM, Ex.P1, Post Mortem Report Ex.P2, death certificate Ex.P3 and oral deposition made by an eye witness AW/02, has rightly held that Shri Ramesh Kumar had died in accident in course of his employment with respondent No 7.
(3.) AFTER hearing counsel for the appellant. this Court feels that the challenge to the order passed is not justified.