Dismissed

Kseb & Others v. Smt.Sibitha Chandran & Others

Kerala HC23 May 2011MFA (ECC)/96/2011

Case brief

AI extract

What is this about?

The High Court dismissed the application for condonation of a 664-day delay in filing an appeal against a workmen's compensation order. The court found insufficient reasons to justify the inordinate delay, thereby rejecting the appeal as barred by limitation. No specific challenge to compensation liability or interest rates was adjudicated on merits.

What did the court decide?

The petition for condonation of delay is dismissed; the appeal shall stand rejected as barred by limitation.

Kseb & Others Vs Smt.Sibitha Chandran & Others — Civil Procedure and Limitation | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE R.BASANT &

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THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN

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MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933

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MFA.No. 96 of 2011()

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------------------------------WCC.33/2003 of COMMISSIONER FOR WORKMEN'S COMPENSATION, ERNAKULAM

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APPELLANT(S)/ 1ST & 2ND OPPOSITE PARTY

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-----------------------------------------------------------------

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1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDUDHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM.

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2. CHIEF PERSONAL OFFICER, PERSONAL DEPARTMENT, KSE BOARD, VYDUDHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.VISHNU S CHEMPAZHANTHIYIL

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RESPONDENT(S): APPLICANTS AND OP 1.

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--------------------------------------------------------------

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1. SMT.SIBITHA CHANDRAN, W/O.CHANDRAN, KAKKUZHIYIL HOUSE, THIRUVANYOOR P.O., ERNAKULAM DISTRICT, PIN-682 308.

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2. MASTER AMAL CHANDRAN, S/O.CHANDRAN, DO. DO.PIN- 682 308

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3. NATIONAL INSURANCE COMPANY LIMITED, BRANCH II, IIND FLOOR, K.K.BUILDING, ARISTO JUNCTION, THAMPANOOR, THIRUVANANTHAPURAM, REP. BY ITS BRANCH MANAGER, PIN-695 014.

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4. C.P.JACOB, OVERSEER, O/O.THE ASST. EXECUTIVE ENGINEER, KSE BOARD, GIRINAGAR, ELECTRICAL MAJOR SECTION, TEMPLE ROAD, KADAVANTHRA, PIN-682 020.

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5. T.M.UNNIKRISHNAN, LINEMAN, O/O.ASST. EXECUTIVE ENGINEER, DO. DO. PIN-682020.

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THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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R.BASANT & K.SURENDRA MOHAN, JJ.

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**C.M.Appl.No.874 of 2011 & M.F.A No.96 of 2011 *******************************

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Dated this the 23^rd day of May, 2011

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ORDER/JUDGMENT

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BASANT, J.

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This petition is to condone the delay of 664 days in filing an appeal against an order passed by the Commissioner for Workmen's Compensation. Employment and death are admitted. Liability for payment of compensation is also not disputed. Called upon to explain the precise nature of challenge, the learned counsel for the petitioner/appellant submits that the precise question to be considered is only the date from which liability to pay interest on the compensation amount arises. That is the matrix of the dispute raised in this appeal.

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Coming to the question now, all that is to be decided is whether the delay of 664 days in filing the appeal deserves to be condoned or not. The appellant is the Kerala State Electricity Board. We have gone through the affidavit in detail. We are not satisfied that sufficient reasons have been shown to exist to justify the inordinate delay of 664 days in filing this appeal. We are, in these circumstances, of the opinion that the delay does

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C.M.Appl.No.874 of 2011 & M.F.A No.96 of 2011 2

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not deserve to be condoned. In coming to this conclusion, we have certainly taken note of the narrow compass of the real dispute that survives in the matter.

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The petition for condonation of delay is, in these circumstances, dismissed. Consequently the appeal shall stand rejected as barred by limitation.

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(R.BASANT, JUDGE)

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(K.SURENDRA MOHAN, JUDGE)

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rtr/

Kseb & Others v. Smt.Sibitha Chandran & Others

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Kseb & Others v. Smt.Sibitha Chandran & Others

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