MC 562/2008 BEFORE THE HON’BLE MR JUSTICE B.D. AGARWAL This is an application under Section 5 of the Limitation Act, 1963 has b een filed by the applicant/ appellant, Shri Rabi Singha, praying for condoning t he delay of 469 days in preferring the appeal against the award dated 07.04.2006 , passed by the learned Commissioner, Workmen’s Compensation, Dhubri, in Case No . WC 35 of 2003. Heard Mrs. K. M. Talukdar, learned counsel for the applicant and Mr. M.U . Mahmud, learned counsel for the O.P. No. 1/ claimant. The O.P. No. 2 has not appeared despite receiving notice by registered p ost. The O.P. No. 3 has also filed objection but today none appeared to object t he prayer. The learned counsel for the applicant submitted that the applicant came to know about the award only in the month of March, 2007 i.e. after one year. Th e learned counsel for the applicant also submitted that thereafter the applicant / appellant could not file the appeal before this court due to suffering from il lness. The aforesaid averments have not been disputed either by the O.P. No. 1 or by the O.P. No. 3 is his objection. Besides this, if the award is upheld, the claimant would be charged with interest. Having regard to the aspect of delay, the delay is condoned. The Misc. case stands disposed of.