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 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 MACA.No. 1379 of 2009() ----------------------- OPMV.1012/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONER: ------------------------- P.SUBRAMANIAN, S/O.ARAMUGHAN, AGED 26 YEARS, PAROL (H), CHALIL, CHEROOR P.O., VENGARA, MALAPPURAM DISTRICT. BY ADV. SRI.VINOD VALLIKAPPAN SMT.K.R.SANGEETHA SMT.V.S.ARCHANA CHANDRAN RESPONDENT(S): --------------- 1. ABDUL LATHEEF.C., S/O.ALAVI, CHUKKAN, MAMPURAM P.O., MALAPPURAM DISTRICT. (DRIVER). 2. IBRAHIM, S/O.SAIDU, PUZHAMMAL HOUSE, MAMPURAM P.O., TIRURANGADI (VIA), MALAPPURAM DISTRICT. (OWNER) 3. NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, KORAMBAYIL ARCADE, PANDIKKAD ROAD, MANJERI.(INSURER). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ---------------------------------------------------------- C.M. Appl. No.1577 of 2009 and M.A.C.A. No.1379 of 2009 ------------------------------------------------------------ Dated this the 25th day of February, 2011 JUDGMENT A.K. Basheer, J. The prayer in this application is to condone the delay of 476 days in filing the appeal under Section 5 of the Limitation Act. 2. The impugned award was passed by the Tribunal on November 26, 2007. It is seen admitted by the petitioner/appellant that free copy of the award was delivered on January 22, 2008 itself. But according to the petitioner the case bundle was misplaced in the office of his counsel while in the process of shifting the premises. 3. We are not at all satisfied with the so called explanation offered by the petitioner to condone the delay. 4. We have perused the impugned award also. In our view the compensation awarded by the Tribunal appears to C.M. Appl. No.1577 of 2009 in M.A.C.A. No.1379 of 2009 2 be just and reasonable, particularly having regard to the nature of injuries sustained by the petitioner. 4. For the above reasons we are not inclined to issue notice on this delay petition. Therefore, the delay petition is dismissed. Consequently the appeal is also dismissed. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. rkc