ORIENTAL INSURANCE CO LTD Vs. SHEIKH MOHAMMAD

JUDGEMENT

(1.) THERE is a delay of 24 days in filling appeal against the judgment and award passed by learned Workmen's Compensation Commissioner by the appellant Insurance Company. The ground which is tried to be made out for condoning the delay is that the Udaipur Divisional office of the Company sent the papers to the Jaipur Regional office through courier who was negligent and did not take care to send the papers. It is alleged that on November 19, 1993 they sent papers but no news were received by the Udaipur office till December 20, 1993. At that time they came to know that the papers did not reach and only on January 3, 1994 they sent another set of papers to Jaipur office. Thus it was only after the expiry of period of limitation that even the second set was sent. No affidavit is filed from the courier in support of this version. I have asked the learned counsel whether the company has taken any action against the courier for its negligence? The learned counsel was unable to reply. For no fault of the claimants they should not be made to suffer. I am of the view that no case is made out for condoning the delay of 24 days.

(2.) HENCE this application is dismissed. In view of this, the main appeal also stands dismissed.