IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD Civil Revision Petition No.4878 of 2010 Between: Thummu Paravatha Reddy and others .. Petitioners AND R. Srinivasa Rao and another .. Respondents ORDER: Heard the learned counsel for both parties. The civil revision petition is directed against the order passed on 16-10-2008 in W.C. Case No.IA 16 of 2007 (F) on the file of the Commissioner for Workmen’s Compensation and Deputy Commissioner of Labour, Nalgonda. One Thumu Venkat Reddy was alleged to have died during the course of his employment while working as driver on the auto of the 1st respondent insured with the 2nd respondent and the revision petitioners, who are his legal representatives/dependents, claimed a compensation of Rs.4,00,000/- under Workmen’s Compensation Act, 1923 claiming that at the age of 22 years, the deceased was earning Rs.5,000/- per month, contributed totally to the family members. In preferring the said claim, there was a delay of 89 days, which was stated by the 1st revision petitioner in his affidavit in support of I.A. No.16 of 2007 (F) to be due to his suffering from chicken gunya since four months. A medical certificate issued by Dr. D. Koteshwara Rao, Medical Officer, Primary Health Centre, Chandampet issued on 06-01-2009 was filed before this Court but not before the Commissioner and consequently, the Commissioner dismissed the application for condonation of delay in the absence of proof of the grounds for delay. In this revision, the revision petitioners claimed that the cause attributed by the 1st revision petitioner ought to have been considered as sufficient cause for condoning the delay, more so the relief claimed being under a beneficial Legislation. The revision petitioners filed the affidavit of said Dr. D. Koteshwara Rao also, in which he stated on oath that the 1st revision petitioner was treated by him for Chicken gunya, Arthritis and viral hepatitis from 09-11-2006 to 05-02-2007 and that he advised him to take bed rest for 90 days. He also stated that even the 2nd petitioner was treated by him at the Primary Health Centre, Chandampet from 06-01-2009 to 06-04-2009 as out-patient and she was also advised bed rest. While there was delay in filing even the civil revision petition, a learned Judge of this Court condoned the delay of 239 days by orders, dated 22-10-2010 accepting the reasons stated by the revision petitioners and a similar liberal view has to be taken in view of the relief claimed being under a beneficial Legislation and the revision petitioners claiming to have lost their only source of livelihood on the death of Thumu Venkat Reddy. Any consideration of an application under Section 5 of the Limitation Act for condonation of delay with reference to the existence or otherwise of sufficient cause was always liberal in favour of the applicants with a view not to punish the parties for any technical lapses but to advance substantial justice on merits. Therefore, notwithstanding the production of the medical certificates and the affidavit of the doctor only in this revision petition and not before the Commissioner, the same can be taken as corroborating the claim made in the affidavit of the 1st revision petitioner, which can be considered as sufficient cause for condoning the delay. Therefore, the order, dated 16-10-2008 in W.C. Case No.IA 16 of 2007 (F) on the file of the Commissioner for Workmen’s Compensation and Deputy Commissioner of Labour, Nalgonda is set aside and the said application is allowed without costs condoning the delay in preferring the claim for compensation under the Workmen’s Compensation Act. The civil revision petition is allowed accordingly without costs. _____________________ G. BHAVANI PRASAD, J Date: 04-02-2011 Svv