DECISION 3. This is an appeal under section 30 of the Workmen's Compensation Act against the order of the Commissioner awarding compensation.
2. Ibrahim was in the employment of the appellant. In the year 1969 Ibrahim sustained injuries in the course and arising out of the employment. He was treated but he could not recover and died on 9th May, 1973. However, before his death he had Sled the claim on 21-12-1972 before the Commissioner. His evidence was also recorded. Subsequently his heirs were brought on record. The disability was considered to be permanent. The claim was resisted and it was denied that Ibrahim was employed by them or had sustained injuries in the course of and arising out of their employment. It was also pleaded that the claim was barred by limitation.
4. On the basis of the pleadings issues were framed and evidence was recorded. On the assessm ent of the evidence the claim was allowed by the Commissioner.
Aggrieved by this the present appeal had been filed.
5. The learned counsel for the appellant pleaded two grounds before me. It was pleaded that no notice of the claim was served by Ibrahim.
There is no force in this contention. Admittedly one notice through an Advocate was served upon the appellant before the claim was filed. The accident had taken place within* the premises of the appellant industry. therefore, the appellant had acquired knowledge of the accident. Indeed the notice was served nearly after three years and by that time . the claim had become time-barred but this does not affect the claim inA any manner as will be seen while dealing with the question of limitation.
6. The second plea which was taken is that the claim was time- barred. This plea was also considered by the learned Commissioner and on the basis of the material produced before him he was satisfied that there was sufficient cause for filing the claim beyond the period of limitation. Evidence shows that Ibrahim never recovered from the injuriesi and in fact died on account of those injuries. He was not in a position to move about. Even on the day when his evidence was recorded*# he was brought to the Court in a stretcher. He died within a few days! of giving the evidence. On the basis of these circumstances the Com-! missioner was justified in condoning the delay.
7. In the result the appeal is dismissed.