( 1 ) THIS C. M. A. is filed under Section 30 of the Workmen's componsation Act (for short the Act') against the order dated 14-10-2003 passed by the Commissioner for Workmen's compensation and Assistant Commissioner of Labour, Circle-l, visakhapatnam (for short 'the Commissioner'), in W. C. M. P. No. 1 of 2003 in W. C. Case No. 29 of 2001.

( 2 ) ONE Sri Kolli Appa Tao, the husband of the 1st respondent and father of respondents 2 and 3, was employed as Senior Gangman in the South Eastern Railways. He died on 25-03-2000, while in employment. The respondents filed W. C. No. 29 of 2001 before the commissioner, claiming compensation under the Act. The case was dismissed on 30-10-2001, for default. The respondents filed an application for setting aside the ordler, dismissing the W. C. case for default. Since there was delay of 411 days in presenting the application, they filed W. C. M. P. No. l of 2003 for condonation of the same. It was pleaded that the 1st respondent was suffering from heart problem and she could not appear on the relevant date. The application was opposed by the appellant. They pleaded that several relevant factors were suppressed, and that. the 1st respondent misr

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