Authority: High Court of Judicature at Madras

Order Date: 11-11-2026

Case Overview

  • Parties: Petitioners – A. John Victor (deceased) represented by his wife (unnamed); Respondent – Tamil Nadu State Transport Corporation (Villupuram) Ltd, represented by Managing Director Valudreddy.
  • Background: The deceased husband, employed as a driver with the respondent, suffered a road accident on 31‑07‑2008 injuring his right hand and left leg. He filed Workmen Compensation (WC) No.336/2021 before the Commissioner for Workmen Compensation‑II, Chennai‑6, seeking Rs.4,06,656. The Commissioner, by order dated 12‑10‑2017, partially allowed the claim and awarded Rs.2,03,328.
  • Appeal: Aggrieved, the husband filed an appeal (Civil Miscellaneous Appeal SR No.61160/2019) in 2019. The appeal papers were returned, and the husband died on 29‑10‑2023 without having represented the appeal.
  • Petitioner's Claim: In her affidavit, the petitioner states she had no knowledge of the appeal until after her husband's death. With assistance from the Cuddalore District CITU Secretary, she contacted counsel in Chennai and subsequently filed the appeal papers after a delay of 2,383 days, citing bona‑fide reasons.
  • Respondent's Counter: The corporation contended that the petitioner failed to show genuine cause for the extensive delay, asserted that the awarded amount had already been deposited, and prayed for dismissal of the petition.
  • Court's Observations: The Court acknowledged the enormity of the delay but found the petitioner’s explanation plausible and not merely an excuse. It also noted that, per the Supreme Court judgment in In Re Cognizance for Extension of Limitation (2022 SCC 117), the period from 15‑03‑2020 to 28‑02‑2022 is excluded, thereby substantially reducing the effective delay.

Final Outcome

  • The delay of 2,383 days is condoned subject to the following conditions:
  • Condition a: The petitioner must deposit Rs.3,000 (Rupees Three Thousand only) to The Kanchi Kamakoti Childs Trust Hospital at Nungambakkam, Chennai‑600034. Bank details: ICICI Bank, Nungambakkam Branch, Account Name – The Childs Trust, Account No. 00901008171, IFSC – ICIC0000009. Deposit to be made on or before 23‑11‑2026.
  • Condition b: The petitioner shall not be entitled to interest for the 2,383‑day delay.
  • The petition is allowed.
  • The matter is to be posted on 23‑11‑2026 for reporting compliance.

Topics: Workmen Compensation, Judicial Delay