IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 MFA.No. 110 of 2008 --------------------- WCC.44/2001 of COMMISSIONER FOR WORKMEN'S COMPENSATION THRISSUR .................... APPELLANT: 2ND OPPOSITE PARTY -------------------------------------- THE MANAGER, NATIONAL INSURANCE CO.LTD., PALAKKAD BRANCH, REP. BY THE MANAGER, NATIONAL INSURANCE CO. LTD.,KOCHI REGIONAL OFFICE, P.B.NO.3235, OMANA BUILDINGS, JEWS STREET, PADMA JUNCTION, KOCHI-682035. BY ADV. SRI.LAL GEORGE SMT.ANN SUSAN GEORGE RESPONDENTS: IST OPPOSITE PARTY ----------------------------------------- 1. MOHAMED ASRAF, S/O.ABDULLA KUTTY, AGED 49, RESIDING AT 11/281 CRESENT, LANE PARAKUNNAM, PALAKKAD. 2. C. LAKSHMANAN, S/O.MADHAVAN NAIR, GANGOTHRI, HARIKKARA STREET, PALAKKAD. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K.P. BALACHANDRAN, JJ. ------------------------------------------------------------- C.M. Application No 1621 of 2008 and M.F.A. (WCC) No 110 of 2008 ------------------------------------------------------------- Dated this the 4th August 2008 JUDGMENT Koshy,J. This is an application to condone the long delay of 815 days in filing the appeal. There is absolutely no just and sufficient reason stated in the affidavit for condoning the delay apart from the fact that when the compensation fell due is covered by the decision of a Division Bench of this court in National Insurance Co. Ltd. v. Rekha (2007 (4) KLT 386) following the Constitution Bench decision of the Supreme Court in Pratap Narain Singh Deo v. Srinivas Sabata and another (AIR 1976 S.C 222) and the decisions of the Supreme Court in K.S.E.B v. Valsala (AIR 1999 SC 3502) and Maghar Singh v. Jashwant Singh (1998 (9) SCC 134). We are of the view that no grounds are made out to condone the long delay of 815 days in filing the appeal against the order passed by the Commissioner for Workmen's Compensation especially when the amount was already disbursed. MFA (WCC) 110/08 2 C.M. Application No 1621 of 2008 is therefore dismissed. Consequently the appeal also stands dismissed. Sd/- J.B. KOSHY Judge Sd/- K.P. BALACHANDRAN Judge 04/08/2008 en [true copy]