Court No. - 6
Case :- WRIT - C No. - 33532 of 2003 Petitioner :- United India Insurance Co. Ltd.
Respondent :- Workmen Compensation Commissioner/D.L.C. And Others Counsel for Petitioner :- V.C. Dixit Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition which has been instituted by a nationalised insurance company impugns an order in terms of which the Competent Authority had condoned the delay in the preferment of a claim under the provisions of the Workman Compensation Act.
The sole ground on which the order is challenged is that there was a failure on the part of the claimants to establish sufficient cause. The Court however notes that the petitioner does not deny the existence of a discretion vesting in the competent authority to condone delay which may have occurred in the filing of a claim. The competent authority had principally taken into consideration the fact that the family members of the deceased workman were uneducated and had no knowledge of the prescription of limitation under the provisions of the Act. The exercise of discretion merits no interference.
The petition is dismissed. Interim order stands discharged.
Order Date :- 25.7.2019 faraz