IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 MACA.No. 827 of 2010() ---------------------- OPMV.349/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER ------------------------ P.P.BALAN, S/O.CHERIYAKKAN, PULLIDAMPARAMBATH HOUSE, MADAKKIMALA P.O., MUTTIL VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): RESPONDENTS -------------------------- 1. ANOOP JOSE, S/O.JOSE, MURINGATHERIYIL HOUSE, THEZHEKKOLLIYIL, THRIKKAIPATTA VILLAGE, THRIKKAIPATTA. 2. T.B.BIJU, THEKKEDEL HOUSE, POST VAKERY, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. 3. NATIONAL INSURANCE CO., KALPETTA BRANCH, KALPETTA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1066 OF 2010 & M.A.C.A.No.827 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2010 JUDGMENT Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 755 days in filing the appeal. 2. The impugned award was passed by the Tribunal on November 17, 2007. It is admitted by the petitioner/appellant that his counsel had informed him about the passing of the award. But since he was laid up with an injury to his pelvis, he could not go and meet his counsel. Later when he went to his counsel's office in June 2008, he was informed that the relevant case bundle was missing and he was told to come back after one month. When he contacted his counsel over telephone, he was told that he would be informed as soon as the file was traced out. After about six months the petitioner enquired again. But still, the file could not be traced out. In August 2009 his counsel informed him that he would make arrangements to get the certified copy of the judgment. Accordingly, an application was filed on August MACA.No.827/2010 2 21, 2009 and a copy was received on September 10, 2009. But petitioner could not contact his counsel thereafter since he was laid up due to “ severe fever”. Still later, he fell down in the bath room and suffered fracture of “ upper leg bone”. He went to his counsel's office in February 2010 when the fracture was united. Thereafter the appeal was filed in April 2010. Having perused the averments in the affidavit, we are not at all satisfied with the so called explanation offered by the petitioner. Therefore, the delay petition is dismissed. Consequently, the Appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.827/2010 2