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2023 Supreme(Del) 1839

MANOJ KUMAR OHRI
National Insurance Co. Ltd. – Appellant
Versus
Mukhan – Respondent


Advocates appeared:
Mr. S.P. Jain and Mr. Narsingh, Advocates, for the Appellant.
Rajveer Singh, Advocate, for the Respondents No.1 to 5.

JUDGMENT

Manoj Kumar Ohri, J. (Oral)

FAO 515/2018 & CM APPLs. 46215/2018 (stay), 46216/2018 (Delay)

1. By way of the present appeal filed under Section 30 of the Employees' Compensation Act, 1923 (hereinafter, referred to as the `EC Act'), the appellant/Insurance Company seeks setting aside of order dated 18.01.2017 passed by the learned Commissioner, Employees' Compensation in Case No.CEC/SD/D/45/2015/1147-1153, whereby the appellant was directed to deposit Rs,7,68,560/- on account of death compensation payable to respondent Nos.1 to 5/claimants alongwith interest @ 12% p.a. w.e.f. 03.05.2015 till its realization, as well as an amount of Rs.8,00,000/- spent by the claimants on medical treatment of the deceased after the accident and prior to his death.

2. The appeal is accompanied by an application under Section 5 of the Limitation Act seeking condonation of delay of 565 days, wherein it is averred that the order on the claim petition was reserved by the learned Commissioner and the appellant only became aware of its passing later. The delay is sought to be explained by stating that the concerned counsel of the appellant did not inform it timely of the passing of the order.

3. Fr

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