IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 MACA.No. 1122 of 2010() ----------------------- OPMV.1331/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER ------------------------ N.RADHIKA,W/O.SURESH.M,SUNATHI BHAVAN, KALLUVOTTUPARAMBU,CHENTRAKULAM,KOTTAI,PALAKKAD. BY ADV. SRI.T.C.SURESH MENON RESPONDENT(S): RESPONDENTS -------------------------- 1. A.RAJADURAI,S/O.ARUMUGA NADAR, D.NO.97,KUMARA VADIVEL STREET,VALAPADY, SALEM 636 115 TAMILNADU. 2. VASU,S/O.KOLANTHAI VELUR ROAD, ANNA NAGAR, SALEM,VAZHAPPADI,TAMILNADU. 3. THE NATIONAL INSURANCE CO.LTD., BRANCH OFFICE,THANTHAL,PERIYAR, MARKET COMPLEX, P.B.NO.15, SALEM, TAMILNADU. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1418 OF 2010 IN M.A.C.A.No.1122 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of July 2010 ORDER Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 542 days in filing the appeal. 2. Admittedly, the impugned award was passed by the Tribunal on August 18, 2008. It is seen from the endorsements on the certified copy of the award that it was obtained by the petitioner/appellant in November 2008 itself. But according to the petitioner, the fracture sustained by her on her Tibia had been causing her great agony and because of that she was totally “disoriented mentally”. There was no one else in the family to help her to file the appeal because her husband had also sustained some injuries in the same accident. Having perused the averments in the affidavit, we are not at all satisfied with the so called explanation offered for condonation of the inordinate delay of 542 days. The delay petition is dismissed. A.K.BASHEER, JUDGE sv P.Q.BARKATH ALI, JUDGE sv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1122 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of July, 2010 JUDGMENT Basheer, J. In view of the dismissal of C.M.Appln.No.1418 of 2010, this appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.