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Judgment
N.K. Patil J.
Misc. Cvl. No. 1.05384/2010 is filed by appellant praying to condone the delay of 197 days in filing the appeal. We have heard the learned counsel for appellant and learned counsel for Respondents 1 to 3. Respondent No. 5 is served and unrepresented.
Delay of 197 days in filing the appeal has been explained in the accompanying affidavit dated 29.06.2010 stating that the copy of the judgment and award was applied on 22.08.2009 and the same was secured on 31.08.2009 and after perusal of the judgment and award, copy was forwarded to the Divisional Office, Bellary, and the Divisional. office forwarded the same to Regional Office. Later on, papers wer. placed before the competent authority and the.authority took decision to prefer appeal and thereafter papers were entrusted to the counsel to file the instant appeal. The said. delay is due to bonafide circumstances, beyond control and unintentional, but not deliberate. Herice,delay may be condoned and matteay'' be heard on merits. The said explanation offered.in Para-3 of the affidavit cannot be given any credibility for the reason that inordinate delay of 197 days is not explained satisfactorily, as to on what date the counsel received the copy of the judgment and award and forwarded to the divisional office and the date on which the papers were scrutinized and decided to prefer the appeal is not coming forth, The reasons stated cannot be accepted. Hence, Misc. Cvl. is liable to be dismissed on the ground of delay and latches. Accordingly, Misc. Cvl. No. 105384/2010 is dismissed.
Further, on merits also we have heard the learned counsel for appellant and claimants 1 to 3. Sri. Chandrashekar P. Patil, learned counsel for claimants submit that the appeal is liable to be dismissed as not tilaintainabl and further submit that appellant/Insurer has not filet! application u/s 170 questioning the quantum of compensation to contest the petition. Instant appeal has been filed disputing the assessment of compensation and the liability of the appellant to pay compensation. The quantum of compensation is not disputed. by the Insurer and hence the appeal filed by the appellant is liable to be dismissed as not maintainable. Accordingly, it is dismissed both on the ground of delay and latches as also on merits.
The amount in deposit shall be transmitted to the jurisdictional Tribunal forthwith. In view of the disposal of the main appeal, Misc. Cvl. No. 105385/2010 does not survive for consideration. Hence, Misc. Cvl. is dismissed as having become infructuous.
Office to draw the award accordingily