The court emphasized the humanitarian approach in considering claims of victims and highlighted the public welfare nature of the Workmen's Compensation Act. It cited precedents to support the liberal construction of limitation provisions and the need to advance substantial justice.

( 1 ) HEARD the learned counsel for the parties.

( 2 ) PRESENT appeal has been filed against the judgment and order dated 17/1/2000 passed by the Workmen's Compensation commissioner, Garhwal Region, Dehradun, thereby dismissing the application of the appellant for compensation.

( 3 ) BRIEFLY stated, appellant was posted in the establishment of the respondent as security guard since 5/10/1987. During his employment on 31/1/1992 at night he sustained head injury due to which he became 100 per cent blind. The employer of the petitioner has assured that he would be given compensation and amount incurred in treatment but no compensation paid to him by the factory management. His services were also terminated illegally vide order dated 17/3/1995.

( 4 ) ALONG with the application for compensation under Workmen's Compensation act, 1923 he also filed an application for condonation of delay on the ground that the petitioner has become completely blind and there is no caretaker with him due to which he could not file the application within limitation.

( 5 ) NOTICE was issued to the opposite party on the application for condonation of delay. Opposite party has filed objection and has denied the assertions of petitioner. Learned Commissioner after considering the contentions of both the parties has held that the application for compensation was moved after expiry of the period of the limitation and thus has dismissed the same vide impugned order. Feeling aggrieved the present appeal has been filed by the petitioner.-

( 6 ) SECTION 10 of Workmen's Compensation Act, 1923 provides limitation and power of the Commissioner to entertain a claim after expiry of the period of limitation. Section 10 of the Act reads as under:" (1) No claim for compensation shall be entertained by a Commissioner unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or in case of death within two years from the date of death: provided that where the accident is the contracting of a disease in respect of which the provisions of sub-section (2)of section 3 are applicable the accident shall be deemed to have occurred on the first of the days during which the workman was continuously absent from work in consequence of the disablement caused by the disease: provided further that in case of partial disablement due to the contracting of any such disease and which does not force the workman to absent himself from work the period of two years shall be counted from the day the workman gives notice of the disablement to his employer: provided further that if a workman who, having been employed in an employment for a continuous period, specified under sub-section (2) of section 3 in respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected: provided further that the want of or any defect or irregularity in a notice shall not be a bar to the entertainment of a claim- (a) if the claim preferred in respect of the death of a workman resulting from an accident which occurred on the premises of the employer, or at any place where the workman at the time of the accident was working under the control of the employer or of any person employed by him, and the workman died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred, or (b) if the employer or any one of several employers or any person responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed had knowledge of the accident from any other sour