1 2025:CGHC:7670 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 364 of 2025 • The New India Assurance Company Limited (wrongly mentioned Insurance), By Branch Manager, Branch Office, Rajnandgaon, First Floor, C.G. Housing Boat Shopping Complex, New Bus Stand G.E. Road Rajnandgaon, Chhattisgarh. Through Authorized Signatory Manager, T.P. Claim Hub At Office Bilaspur, Chhattisgarh. (Non-Applicant No.2). ... Appellant versus 1. Smt. Kusum Bai Verma, Wd/o Late Anoj @ Anuj Kumar Verma, Aged About 32 Years, R/o Village Nawagaonkala, Post Devaribhatha, Tehsil Khairagarh, District Rajnandgaon, Chhattisgarh, Present District Khairagarh- Chhuikhadan-Gandai. (Claimant). 2. Smt. Kamla Bai Verma, Wd/o Late Mahajan Verma, Aged About 60 Years, R/o Village Nawagaonkala, Post Devaribhatha, Tehsil Khairagarh, District Rajnandgaon, Chhattisgarh, Present District Khairagarh-Chhuikhadan- Gandai. (Claimant). 3. Minor Vibha Verma, D/o Late Anoj @ Anuj Kumar Verma, Aged About 9 Years, Minor Through Natural Guardian Mother Smt. Kusum Bai Verma, Wd/o Late Anoj @ Anuj Kumar Verma, (Res. No.1), R/o Village Nawagaonkala, Post Devaribhatha, Tehsil Khairagarh, District Rajnandgaon, Chhattisgarh, Present District Khairagarh-Chhuikhadan-Gandai. (Claimant). 4. Minor Gulshan Verma, S/o Late Anoj @ Anuj Kumar Verma, Aged About 8 Years, Minor Through Natural Guardian Mother Smt. Kusum Bai Verma, Wd/o Late Anoj @ Anuj Kumar Verma, (Res. No.1), R/o Village Nawagaonkala, Post Devaribhatha, Tehsil Khairagarh, District Rajnandgaon, Chhattisgarh, Present District Khairagarh-Chhuikhadan-Gandai. (Claimant). 5. Sunil Kumar Ramtek, S/o Shri Genduram Ramtek, “A” Class Electrical Contractor, Naya Dhaba, Ward No.04, Rajnandgaon, Tehsil & District Rajnandgaon, Chhattisgarh. (Non-Applicant No.1). ... Respondents (Cause title taken from Case Information System) For Appellant : Mr. Bhola Nath Nande, Advocate. For Respondents : None. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board 13/02/2025 1. Heard on I.A. No.2/2025, application for condonation of delay in filing appeal against the judgment dated 15.03.2023 (Annexure-A/1) passed by the 2 learned Commissioner Employee’s Compensation Act-cum-Labour Court, Rajnandgaon (C.G.) in Case No.- 14/EC Act/2019/Fatal. 2. Learned counsel for the appellant would submit that impugned award was passed by the concerned Labour Court on 15.03.2023. Period of limitation to file appeal is 90 days, but huge time was lapsed in seeking sanction to file appeal from the competent authority, which was received on 24.12.2024, thereafter, appeal was filed on 03.02.2025. He further submitted that the delay occurred in filing the appeal is bonafide, therefore, the delay occurred in filing the appeal may be condoned. 3. Award was passed on 15.03.2023, thereafter appeal was filed on 03.02.2025, i.e., after delay of 557 days, which is a huge one. Reasons shown for the cause of delay is not found to be sufficient because as per the appellant, the compent authority has not granted sanction to file appeal within reasonable time as it granted sanction after about 1 year and 9 months of passing of the award. In spite of that, instant appeal was filed after 1 month of getting sanction. 4. Huge delay accrues substantive right in favour of other party, thus, there must be bonafide reason and sufficient cause to condone the delay. Having considered the aforesaid facts and reasons shown to condone the inordinate delay of 557 days in filing the appeal is not found to be sufficient, therefore, I am not inclined to allow the I.A. No.2/2025, application for condonation of delay in filing the appeal. Hence, the same is rejected. 5. In view of above, instant appeal filed by the appellant is also stands dismissed. Sd/- (Naresh Kumar Chandravanshi) Judge DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA Date: 2025.02.13 17:17:40 +0530