IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 21 DAY OF NOVEMBER, 2011 BEFORE ThE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA MFA. NO. 2038612011(WCI BETWEEN: Sri.Mallappa 5/0 Durgappa, Age: 34 years, 0cc: Ex. Lorry loader, R/o Guggurahatti village, Bellary. Appellant (By Srl.Hanumanthareddy Sahukar, Adv.) AND: 1. Sri.M.B.Pompanagouda 5/0 Busireddy, Age: major, 0cc: Owner of the Lorry No.KA-34/3789, Minchirl village, Tq & Dist: Bellary. 2. The Branch Manager, MIs United India Insurance Co., Ltd., Bellary. ...Respondents (Notice to Ri is dispensed with; R2-served but unrepresented) This MFA is filed under Section 30(1) of WC Act, 1923, agaInst the Judgment and order dated 14/10/2008 passed In Kanapa/CR-i136/2000 on the file of the Labour Officer and Commissioner for Workmen’s Compensation Sub-Division-i, Bellary, seeking enhancement of compensation. This appeal coming on for orders this day, this Court delivered the following: JUDGMENT Sri Ravindra R. Mane appeared for respondent No.2 and opposed the Misc. Cvl. No. i00724/li by relying on the judgment dated 17.iO.20i1 passed In MFA No. 20165/2011. 2. There is delay 747 days in filing this appeal. By Judgment / Award dated 14.10.2008, the Commissioner for Workmen’s Compensation, Beliary, determined the compensation payable. Enhancement has been sought in this appeal. The delay in filing the appeal has been sought to be explained in the affidavit accompanying the application, which reads thus: I have filed the above appeal for enhancement of compensation. The Commissioner has passed the order, awarding meagre compensation for the injuries sustained by me, I was in financial crisis, therefore appeal could not be filed immediately, I approached my advocate and discussed with him about the quantum of compensation awarded by the Commissioner. my advocate advised me to file an appeal before this Honble Court for enhancement of compensation. Thereafter I came to Dharwad and approached the advocate who after going through all the papers advised me to bring all the papers which are available with my advocate. Thereafter it took some days to collect all the papers which are available with my advocate. After collecting all papers I approached the advocate at Dharwad, who after going through all the papers prepared the appeal and same is filed without any further delay appeal is filed, 3. In the companion appeal Le, MFA 20165/11, delay of 737 days was not accepted. The reason for the delay which has been stated therein s exactly the same reason stated even in the oresent appeai and the sought to be explained in the affidavit accompanying Misc. Cvi. No, 100157/Il. filed in MFA20165/1 1, and the delay 4 of 747 days in filing this appeal having not been satisfactorily explained, there being negligence and inaction as well as want of bona fides attributable to the applicant / appellant, Misc.Cvi. No. 100724/11 is dismissed. Consequently, the appeal stands rejected with no order as to costs. Sri Ravindra R. Mane, is permitted to file vakalath within 4 weeks. Sd! JUDGE sac*