Aurangabad was legally bound to give such notice, and in absence of such notice, the proceeding would stand vitiated. On the other hand, it is submitted that the procedure laid down under Section 21 of the Act for deciding the venue for proceeding of this nature is essentially to ensure that there should not be different proceedings before different Commissioners and there should not be multiple payments made to various claimant for the same cause of action. However, in this case, there does not appear any apprehension of multiplicity of proceedings in different Forums. In this case, the respondents were notified when the application was moved before the Commissioner at Aurangabad. The owner did not appear, however, the Insurance Company did not deny the statement of the claimants that the vehicle was insured with them. Besides, the accident took place way back in 1998, twelve years back and had there been any proceeding initiated elsewhere by any other dependent of the deceased, by now, the respondents could have known about it. These circumstances, in my view, would eliminate apprehension of multiplicity of applications and multiplicity of payments of compensation. In my view, the lapse on the part of Commissioner at Aurangabad, for not sending the notice to the Commissioner, in whose area the accident took place, would not prove fatal to the application. 8. The third objection raised in respect of delay in filing of the application. Admittedly, the application was moved after expiry of period of limitation of two years. Section 10 of the Act provides that a claim should be entertained only if it is preferred within two years after occurrence of the accident or death. However, fifth proviso to subsection (1) of Section 10 further provides that the Commissioner may entertain and decide the claim is not preferred in due time, if he is satisfied that the delay had occurred due to sufficient cause. In this case, the record shows that the claimants filed an affidavit along with the application before the Commissioner and explained the delay that
