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 17TH MARCH 2011 / 26TH PHALGUNA 1932 MACA.No. 379 of 2011 ----------------------------------- OPMV.322/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT : PETITIONER: ------------------------------------------- HOLY INFANT MARY'S GIRLS HOME, VYTHIRI, WAYANAD DIST. REPRESENTED BY MOTHER SUPERIOR SR.MARIA. BY ADV. SRI.C.A.CHACKO RESPONDENTS : RESPONDENTS: ------------------------------------------------------ 1. P.P.JANARDHANAN, S/O. MADAVAN, AGED 57 PUTHUSSERY HOUSE, CHEVAYUR, CALICUT - 673 017. 2. THE MANAGING DIRECTOR, K.S.R.T.C. THIRUVANANTHAPURAM - 695 001. 3. NATIONAL INSURANCE CO.LTD., ST.JOSEPH'S PRESS BUILDING, VAZHUTHAKADU, TRIVANDRUM - 695 001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.617 OF 2011 & M.A.C.A.No.379 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March 2011 ORDER Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 418 days in filing the appeal. 2. The impugned award was passed by the Tribunal on October 19, 2009. But according to the petitioner, she had been conducting the case before the Tribunal in her capacity as Mother Superior of the Congregation at Wayanad. But she was transferred from Wayanad to North Paravur and therefore she could not contact the counsel at Wayanad in time. Recently, when she went to Wayanad she made enquiries about the case and it was at that time she was informed that the case had been disposed of in October 2009 itself. 3. Significantly, the deponent has not mentioned the date or month of her transfer from Wayanad to North Paravur. The affidavit is also silent as to why she did not make any attempt to contact her counsel over telephone or by post atleast. It cannot be believed that some other responsible person in the congregation was not put in charge of the case after her transfer. 4. Having carefully perused the averments in the affidavit, we are not at all satisfied with the explanation offered by the petitioner to condone the inordinate delay. Nevertheless, we have perused the impugned award also. Having regard to the nature of the claim and the fact that the claimant is only a charitable institution and not any of the dependents of the deceased, we are satisfied that the compensation awarded by the Tribunal is just and reasonable. Therefore, the delay petition is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.379 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March 2011 JUDGMENT Basheer, J. In view of the dismissal of petition for condonation of delay, this MACA is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes