IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 MFA.No. 188 of 2011 ----------------------------- AGAINST THE ORDER DATED 20.8.2007 IN WCC.93/2001 of THE COMMISSIONER FOR WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER), KOTTAYAM .................... APPELLANT(S): 2ND OPPOSITE PARTY: -------------------------------------------------------- THE NEW INDIA ASSURANCE CO.LTD., KOTTAYAM, REPRSENTED BY ITS REGIONAL OFFICE, KANDOMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, KOCHI-11. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): APPLICANT & IST OPPOSITE PARTY: ------------------------------------------------------------------------------ 1. P.VELAMKANNI, KOTTAMALAI TEA GARDEN, KOTTAMALA PO, PIN 685 503. 2. THE MANAGER, KOTTAMALLAI TEA GARDEN, M.M.J.PLANTATIONS, KOTTAMALA PO, PIN 685 503. THIS MISC. FIRST APPEAL HAVING COME UP FOR ORDERS ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- M.F.A.No.188 of 2011 & C.M.Appln.No.2592 of 2011 ----------------------------------------- Dated, this the 20th day of October, 2011 J U D G M E N T K.M.Joseph, J. There is a delay of 975 days in filing the appeal. The only reason stated is that a review petition was filed which was filed with a petition to condone delay. We notice that the order of the Commissioner was dated 20.8.2007. Even before the Commissioner there was delay. We further notice that the substantial question of law which is really pressed before us relates to the wages being taken as Rs.2,000/- in respect of an accident which took place prior to December, 2000. According to the learned counsel for the appellant, it is only in December, 2000 that the maximum cap under the Act was raised to Rs.2,000/-. But actually there is no merit in the said contention at all because it is by the amending Act of 1995 and with effect from 1995 that maximum cap of wages was raised from Rs.1,000/- to Rs.2,000/-. 2. Having regard to the circumstance of the case we are not inclined to condone the delay. The application for M.F.A.No.188 of 2011 & C.M.Appln.No.2592 of 2011 -2- condonation of delay is dismissed. Resultantly, the Miscellaneous First Appeal will also stand dismissed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS