The court affirmed the principle that the right of compensation claimed by a workman on his death is transmitted to his heirs, and that the legal representatives can continue the claim for compensation.

( 1 ) THIS appeal is under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the act' ). Notice was ordered for the respondent and she is represented.

( 2 ) BY taking consent of the learned advocates, the appeal is heard on its merits and the following order is passed.

( 3 ) AN important question that requires determination in this appeal is: "whether the maxim actio personalis moritur cum persona is applicable to claims arising under the Workmen's Compensation Act, 1923?"

( 4 ) FOR proper appreciation of this question the brief facts of the case presented is as follows: one doreswamy who claimed to be a workman in the estate owned by the appellant has filed an application under Section 3 of the Workmen's Compensation Act before the commissioner under the Workmen's Compensation Act, kodagu for the employment injury said to have been sustained on 21-2-1983 when he was employed by the appellant. When this application was pending the said doreswamy died a natural death. The respondent who is the wife of late doreswamy has continued proceedings on behalf of her husband which ultimately culminated in an award. The commissioner has awarded a sum of Rs. 6,720/ -.

( 5 ) THE appellant has questioned the order of thecommissioner on several grounds. Initially it is the case of the appellant that the application for claim being preferred after the period of limitation the commissioner ought not to have entertained the application; the second ground of the appellant is that the deceased doreswamy was not a workman in the estate and the finding of the commissioner on this question requires to be interfered with; the third ground urged by the appellant is that the present respondent is not entitled to the compensation for the personal injuries sustained by her husband under the maxim actio personalis moritur cum persona. 5-a. With regard to the first ground under Section 10 sub-clause (1) the claim shall be preferred within two years of the occurrence of the accident in case of injury and two years from the date of the death if the person died due to the employment injury. The act also provides for the commissioner to condone the delay in preferring the claim petitions beyond the period prescribed under the statute. The proviso thus provides that the commissioner may entertain and decide any claim for compensation in any case not withstanding that the notice is not preferred in due time as provided in its sub-section, if he is satisfied that the failure to give notice or to prefer the claim, as the case may be, presents a sufficient cause.

( 6 ) IT is true that the commissioner has not framed any issue to decide the question of delay as obviously there was no objection by the appellant on this point. It is submitted that though he has stated in petition the reason for filing the application after lapse of six months, the commissioner has failed to take note of this fact in his order. The respondent, the wife of deceased also stated in her evidence that the delay is required to be condoned for the reasons given by the deceased. By taking these facts into consideration that though there is no specific order made by the commissioner on the basis of no laches having been committed by the respondent, the delay is condoned.

( 7 ) THE next question agitated by Sri Ajit Gunjal, the learned Advocate for the appellant is that the materials produced are insufficient to prove that the deceased was a workman under the appellant. On behalf of the appellant, one of the owner was examined before the commissioner. He has denied the contention of the appellant that he was a workman. In support of the said contention, ex. P. 1 a register of wages from april, 1982 to january, 1984 were produced where admittedly the name of the husband of the respondent is not included along with other persons.

( 8 ) THE commissioner has taken into consideration the evidence of the respondent that the deceased was a permanent workman working in the