National Insurance Co. Ltd. vs Debanti Devi & Anr. on 20 September, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Miscellaneous Appeal No.400 of 2010
            National Insurance Co. Ltd., Divisional Office, Gaya.
                    ...                        ... Appellant.
                                     Versus
        1. Debanti Devi, wife of late Pawan Kumar, resident of
            Patela Pokhar, P.O. Kora, P.S. Ghoshi, District
            Jehanabad.
        2. Lal Mohan Prasad, Son of Sri Adalat Prasad Lal, resident
            of house no.158, Village Ghorabasa, Lal Building,
            District Singhbhum (Jharkhand).
                    ...                        ... Respondents.
                       ----------------------------------

5. 20.9.2011. Heard Shri Prakash Kumar, learned counsel

for the appellant on Interlocutory Application

i.e. I.A. No.6491 of 2011, which has been filed

with a prayer for enlargement of time for filing

certified copy of the impugned order.

The present appeal was preferred against

the order dated 7.1.2010 passed by the Deputy

Labour Commissioner-cum-Commissioner under the

Workmen’s Compensation Act in C.W.C. No.23 of

2006. By the said order, the learned court below

had directed the appellant to pay compensation

amount to the applicant-claimant i.e. respondent

no.1, whose husband died in a motor vehicle

accident. It was claimed that the husband of the

respondent no.1 was employed on the offending

Dumper bearing Registration No.JH-05J-9019.

The appeal was filed on 12.5.2010 without

certified copy of the impugned order. The Stamp

Reporter pointed out the defect and thereafter on
2

23.8.2010, on the prayer made by learned counsel

for the appellant, four weeks’ time was granted

by the Lawazima Board for filing certified copy

of the impugned order. Since order was not

complied with by order dated 6.1.2011, the

Lawazima Board placed the matter before the

Bench. On 12.9.2011, one week time was granted by

this Court for filing impugned order, failing

which it was directed that appeal shall stand

rejected without further reference to a Bench.

Even till date, certified copy of the impugned

order has not been filed and a petition has been

filed i.e. I.A. No.6491 of 2011 for enlargement

of the time for filing certified copy.

The court is of the opinion that in the

matter relating to compensation due to death in

an accident, such indulgence may not be granted.

                     Accordingly,         the       petition       stands

        dismissed.


N.H./                          ( Rakesh Kumar,J.)