IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 MFA(WCC).No. 189 of 2008() --------------------- WCC.74/1997 of WORKMEN'S COMPENSATION COMMISSIONER, THIRUVANANTHAPURAM. .................... APPELLANT(S): FIRST OPPOSITE PARTY -------------- SANTHOSH, S/O.KESAVAN NAIR, AGED 46 YRS, WHOLESARE RATION DEALER, KATTAKADA, KATTAKADA.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.SAJITH KUMAR V. RESPONDENT(S): APPLICANT, 2ND OPPOSITE PARTY --------------- 1. UTHAMAN, S/O.GEORGE, AGED YEARS, RESIDING AT CHITTOORCODE VILAYIL VEEDU, MYLODE, MALAYINKIL.P.O, THIRUVANANTHAPURAM. 2. M/S.UNITED INDIA INSURANCE COMPANY LTD, DIVISIONAL OFFICE NO.II, MALANKARA BUILDINGS, PALAYAM, THIRUVANANTHAPURAM. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.F.A.(WCC) No.189 of 2008 & C.M.Appl.No.2774 of 2008 in M.F.A.(WCC) No.189 of 2008 -------------------------------------- Dated this the 27th day of November, 2008. JUDGMENT Koshy, J. C.M.Appln.No.2774 of 2008 is a petition to condone the delay of 2462 days in presenting the appeal. First respondent in this case sustained injuries in an accident while loading and unloading goods from a lorry on 20.10.1995. He filed application before the Workmen's Compensation Commissioner for compensation claiming an amount of Rs.1,78,800/-. Commissioner found that accident arose during the course of employment and he was employed by the appellant and awarded a compensation of Rs.38,352/- with interest. This appeal is filed stating that appellant was not the employer. Appellant was a whole sale ration dealer. It is the retail dealers who has to take materials from the whole sale dealers and therefore, he is not the employer. Commissioner noticed that in cross-examination it is stated that appellant is a whole/retail dealer and in his lorry goods were transported to the retail shops and from his lorry while the goods were unloading the accident occurred. On the basis of the evidence, as a finding of fact, Commissioner found that claimant (first respondent) suffered injuries in the accident during the course of employment under the appellant. It MFA (WCC) No.189/2008 2 cannot be stated that there is any substantial question of law involved in this case. In any event, the long delay in filing the appeal is not explained at all. It is stated that when the award was passed in November, 2001, appellant entrusted the matter to the Advocate and on 11.2.2002 it was filed but it was returned defective on 14.3.2002. That information was not communicated. The name of the Advocate concerned is not mentioned in the affidavit. Further it is necessary that for filing an appeal compensation amount has to be deposited. If the appellant has entrusted the amount in time, the Advocate should have deposited the amount. The amount of compensation was deposited only on 26.9.2008, after seven years of passing of award. Therefore, the averments in the affidavit cannot prima facie be correct. The amount ordered by the Commissioner is not deposited even now. Only the basic amount without interest is deposited on 26.9.2008. The award was passed on 22.11.2001. No satisfactory reasons are urged to condone the long delay of 2462 days in filing the appeal. Hence, delay condonation petition is dismissed. Consequently, appeal is dismissed. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks