IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 MACA.No. 2396 of 2009 ------------------------------------ OPMV.1385/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT / PETITIONER IN THE O.P. -------------------------------------------------------------- GOPALAKRISHNAN S/O.RAGHAVAN, VISHNU BHAVAN, CHITTOOR MURI, PANMANA, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS / RESPONDENTS IN THE O.P.: ------------------------------------------------------------------------- 1. NISHA SIBU, PADAYATHIL HOUSE KIDANGOOR, VENGOOR, ANGAMALI, ERNAKULAM DISTRICT. 2. LINJO JACOB, S/O.JACOB, PATHADEN HOUSE IST WARD, PARAKKADAVU VILLAGE, MAMBRA, ALUVA, ERNAKULAM. 3. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD, ANGAMALI BRANCH, ERNAKULAM DISTRICT. ADV. SRI.PMM.NAJEEB KHAN FOR R3 SRI.ASOK M.CHERIAN FOR R1 SRI.T.R.RENJITH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appl.2826 OF 2009 & M.A.C.A.No.2396 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January 2010 JUDGMENT Basheer, J. This application has been filed under Section 5 of the Limitation Act with a prayer to condone the delay of 646 days in filing the appeal. 2. The Motor Accidents Claim Tribunal, Kollam passed the award under challenge on August 21, 2007 granting a total compensation of Rs.18,500/- with interest and cost. 3. Petitioner, in his affidavit filed in support of the application for condonation of delay, avers that he was laid up due to “Rhumatoid Arthritis and Severe Back pain” from August 5, 2007 till April 16, 2009 and therefore he could not appear before the Tribual. According to him, he was undergoing treatment for the above ailments in Maramony Ayurveda Pharmacy, Edappallykotta, Panmana in Kollam district during the above period. In June 2009, he filed I.A.311/09 before the Tribunal seeking review of the award along with I.A.312/2009 to condone the delay in filing the said application. These two applications were dismissed by the Tribunal by its order dated June 26, 2009 holding that the petitioner had failed to show sufficient reason to condone the inordinate delay. It is under the above circumstances that the petitioner/appellant has filed this application to condone the delay along with the appeal challenging the award referred to above. C.M.Appl.2826 OF 2009 & M.A.C.A.No.2396 OF 2009 :: 2 :: 4. It may at once be noticed that the petitioner has not bothered to produce any medical records to show that he had been undergoing treatment for the so called ailment of Rhumatoid Arthritis and back pain. On the face of it, the contention raised by the appellant that he had been undergoing treatment in the Pharmacy for such a long period cannot be believed at all. Even assuming he was suffering from the said ailments, nothing could have prevented him from contacting his counsel to do the needful in the matter. 5. We have carefully perused the impugned award. The contention raised by the petitioner/appellant was that he was a driver by profession and that due to the injury sustained by him in the motor accident, he had suffered heavy damages. The Tribunal had considered the entire documents (Exts.A1 to A19) produced by the petitioner while considering the merit of the case put forth by the petitioner. Incidentally it was noticed by the Tribunal that the petitioner had not produced his driving license, though he had claimed that he was a driver by profession. 6. It was further noticed by the Tribunal that going by the wound certificate the petitioner/appellant had suffered contusion 6 x 4 cm bone deep occipital region left side, multiple skin abrasion on the middle of the left leg. X- ray revealed fracture left clavicle. CT scan showed intracrane haemorrage. He had also suffered a fracture to the right clavicle on the rib. However, it was noticed by the Tribunal that some of the injuries referred to above were not mentioned in Ext.A7 discharge certificate issued by the hospital where the petitioner underwent treatment. The Tribunal observed that if there was fracutre C.M.Appl.2826 OF 2009 & M.A.C.A.No.2396 OF 2009 :: 3 :: to his right rib, then it would have necessarily been mentioned in the other related documents. We have referred to the above aspects only to indicate that the Tribunal had not passed the impugned award in a mechanical or casual manner. 7. As rightly noticed by the Tribunal petitioner had failed to adduce any oral evidence without offering any reason. If in fact the petitioner was under treatment in the Pharmacy as alleged by him now, he could have definitely made a motion for adjournment on the ground of illness through his counsel. 8. We have carefully perused the entire materials available on record, especially the affidavit filed by the petitioner to condone the inordinate delay of 646 days in filing the appeal. We are not at all satisfied with the explanation offered by the petitioner to condone the delay. There is no merit in the application. Therefore, the application for condonation of delay is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes