( 1 ) THIS is an application filed by the Principal Secretary, Transport Department, Government of Sikkim, gangtok, the petitioner department, under section 5 of the Limitation Act, 1963 for condonation of delay of 853 days in filing the present appeal against the respondent.

( 2 ) THE appeal is directed against the impugned award/order dated 23. 8. 2002 passed by the learned Commissioner for workmen's Compensation, Sikkim at gangtok in Misc. Case No. 5 of 2002 in the matter of Narmaya Das, m/o late Kamal mani Das v. Secretary, Transport Department, Government of Sikkim, Gangtok, granting death compensation amounting to Rs. 4,19,850 to the legal heirs of the deceased late Kamal Mani Das. As per the facts of the case set out in the memo of appeal the deceased late Kamal Mani Das was a member of the Sikkim State Mechanical Engineering Service holding the post of Assistant Engineer (Mechanical) in the junior grade scale of Rs. 1,820-60-2,600-EB-75-3,200 at the time of his death in a fatal vehicular accident that occurred on 20. 1. 2001 at a place called Lower Martam while returning after completion of his official work for the day. On his death his mother Narmaya Das f