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 11TH AUGUST 2008 / 20TH SRAVANA 1930 MFA.No. 65 of 2007(B) ------------------------------- WCC.3/1999 OF THE COMMISSIONER FOR WORKMEN'S COMPENSATION, THIRUVANANTHAPURAM. .................... APPELLANT/ 2ND OPPOSITE PARTY: ----------------------------------------------------- NATIONAL INSURANCE COMPANY LTD., REP.BY MANAGER, 3RD PARTY WING, OMANA BUILDING, NEAR PADMA JUNCTION, KOCHI-35. BY ADV. SRI.P.R.RAMACHANDRA MENON. RESPONDENTS/ APPLICANTS 1 TO 4 AND 1ST OPPOSITE PARTY RESPECTIVELY: --------------------------------------------------------------------------------------------------------------------- 1. KAMALAMMA, AGED ABOUT 53 YEARS, W/O LATE BHASKARAN, CHARUVUPURAYIDATHIL, NARANGANAM MURI, NARANGANAM VILLAGE, KOZHENCHERRY TALUK. 2. PRASANNAKUMARI, AGED ABOUT 34 YEARS, D/O.LATE BHASKARAN, DO. 3. PREMAKUMARI, AGED ABOUT 32 YEARS, DO. 4. PREMILAKUMARI, AGED ABOUT 30 YEARS, DO. 5. SHIBU, CHARUVUPARAMBIL, ELANTHUR VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL FOR R1 TO R4. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.F.A. NO. 65/2007-B: ORDER ON I.A. NO. 948/2007 IN M.F.A. NO. 65/2007-B DISMISSED SD/- J.B.KOSHY, JUDGE, 11/08/2008. SD/- K.P.BALACHANDRAN, JUDGE. //TRUE COPY// P.S. TO JUDGE. prv. J.B. Koshy & K.P.Balachandran, JJ. -------------------------------------- M.F.A. (W.C.C.) No.65 of 2007 and C.M.Appl.No.700/2007 --------------------------------------- Dated this the 11th day of August, 2008 Judgment Koshy,J. Dependents of the deceased driver of the lorry bearing registration No.KL-3A 8089 filed an application for compensation under the Workmen’s Compensation Act. The Commissioner for Workmen’s Compensation, after consideration of evidence, found that the accident occurred during the course of employment and awarded compensation and insurer of the lorry was directed to pay the compensation. This appeal is filed against the order of the Commissioner for Workmen’s Compensation with a long delay of 144 days. Reason stated is only inter-office correspondence which are not sufficient to condone the long delay in Workmen’s compensation case where dependents of employees are waiting for payment of the compensation. No satisfactory reasons are stated for condoning the long delay in filing the appeal. Hence, the petition for condoning the delay is dismissed. Consequently the appeal is also dismissed. J.B.Koshy Judge K.P.Balachandran Judge vaa 2 J.B. KOSHY AND K.P.BALACHANDRAN,JJ. ------------------------------------- W.A. Nos.65/2007 and C.M.Appl.No.700/2007 ------------------------------------- Judgment Dated:11th August, 2008