IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 MACA.No. 1172 of 2006() ----------------------- OPMV.649/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANT/PETITIONER; ----------------------------------- KRISHNANKUTTY, S/O. KUNCHUNNI, AGED 35 YEARS, KALKUZHIPARAMBIL HOUSE, MANGALAM POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR RESPONDENT(S): --------------- 1. K. SASIKUMAR, S/O.KRISHNAMOORTHY AGED ABOUT 23 YEARS, P.M.30/13 SAKTHI NILAYAM, SAKTHI NAGAR, MELAMURI, PALAKKAD DISTRICT. 2. SUNILKUMAR, S/O. VASU, AGED ABOUT 31 YEARS, RAMACHENATHU HOUSE, KAZHCHAPARAMBU, KANNADI, PALAKKAD DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LIMITED T.S.M.COMPLEX, PALAKKAD. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1172 of 2006 & C.M. Appln. No.1287 of 2006 .................................................................... Dated this the 27th day of January, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed with an inordinate delay of 1208 days. We have heard counsel for the appellant and Standing Counsel for the Insurance Company. While considering the delay condonation petition, we have gone through the merits of the case as well. The accident is a collision between two vehicles and appellant's vehicle which is an autorickshaw, went and banked behind another vehicle. The MACT has deducted 30% on account of contributory negligence. We do not think there is any ground to interfere on merits, more so because injury sustained by the appellant is also not serious. Explanation for condoning the delay 2 also is not satisfactory. We, therefore, dismiss the delay condonation petition and consequently the appeal. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms