Martin Fernando V. Elizabeth Fernando

1955 Present : Gratiaen, J.

MARTIN FERNANDO, Appellant, and ELIZABETH FERNANDO,
Respondent

S. C. 708 of 1955-Workmen's Compensation C 3/191/51

Workmen's Compensation Ordinance (Cap. 117)-Claim thereunder-Failure to institute it in due time-Effect of delay thereafter-" Sufficient cause "- Section 16 (1) and (2).

Where a claim for compensation in respect of the death by accident of a workman was made nearly three years after the date of the death -

Held, that the Commissioner's jurisdiction tinder section 16 (2) of the Workmen's Compensation Ordinance to admit and decide a claim for compensation after the expiry of the period of six months specified in section 16 (1) is regulated by the question whether the failure to institute the claim within that period has been sufficiently excused ; the section nowhere states that any subsequent delay ousts the Commissioner's jurisdiction under the Ordinance. The reasons for the subsequent delay would, however, be relevant to the Commissioner's decision whether or not he ought to exercise in favour of the claimant his discretion to admit the claim.

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