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Judgment
N. Ananda
There is delay of 1334 days in filing the appeal. In the affidavit filed in support of application it is stated that, during last week of March, 2007, the claimant was informed by his Advocate that the Commissioner for Workmen''s Compensation has awarded compensation of Rs. 1,79,400/- in terms of order dated 07.02.2007; after the accident., the claimant was in financial crisis and borrowed money for his livelihood and treatment; after withdrawing the compensation, he was busy with follow up treatment; Later on, he came to Bangalore for filing this petition.
From the averments of affidavit, it is apparent that claimant knew the decision of case and claimant had withdrawn compensation deposited by the respondent in the month of March, 2007. This appeal was filed on 14.12.2010 viz., after a lapse of 31/2 years.
In a decision reported in Lanka Venkateswarlu (D) by L.Rs. Vs. State of A.P. and Others, the Supreme Court has held:
While considering applications for condonation of delay u/s 5 of the Limitation Act, the courts do not enjoy unlimited and unbridled discretionary powers. All discretionary powers, especially judicial powers, have to be exercised within reasonable bounds, known to the law. The discretion has to be exercised in a systematic manner informed by reason. Whims or fancies; prejudices or predilections cannot and should not form the basis of exercising discretionary powers.
Therefore, there are no sufficient grounds to condone the delay. In the result, Misc. Cvl. 23070/2010 as also the appeal are dismissed.