IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 MACA.No. 52 of 2005() --------------------- OPMV.226/1996 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- T.K. DAMODARAN, S/O. KARUNAKARAN, DRIVER, THAZHATHILARY THAZH KUNIYIL MENAPRAM, CHOKLY P.O., THALASSERY, KANNUR DISTRICT. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): RESPONDENT: -------------------------- 1. K.J. DEVASSIA, S/O. JOSEPH, KARIMBANAKKAL HOUSE, P.O. PLACHIKKARA, PARAPPA (VIA), KASARGOD DISTRICT. 2. RAJAN. M.K., S/O. KUNHIRAMAN NAIR, NEAR ADUKKALAKUNNU BHAGAVATHI TEMPLE ADUKKALAKANDAM, P.O. NUDUKKAM P.O., PARAPPA (VIA) KASARAGOD DISTRICT. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, KOZHIKODE. 4. E.T.K. RAFEEQUE, S/O. YOUSUF, KARINTHAL HOUSE, MENAPRAM, P.O. CHOKLI, KANNUR DISTRICT. 5. UNITED INDIA INSURANCE CO.LTD., THALASSERY. ADV. SRI.A.R.GEORGE FOR R3 SRI.P.MURALEEDHARAN FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.52 OF 2005 & C.M.Appln.No.55 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2010 JUDGMENT Basheer, J. This appeal is filed with a petition under Section 5 of the Limitation Act to condone the delay of 481 days in filing the appeal. 2. The impugned award was passed by the Tribunal on December 30, 2002. According to the petitioner/appellant he was undergoing Ayurvedic treatment at the relevant point of time. Therefore, he could not take any steps to obtain a certified copy of the award. Immediately after completing the treatment, on March 5, 2003 he requested his Advocate Clerk to apply for a copy of the award. Copy was delivered to him on June 26, 2003. But he could not go to Ernakulam and engage a counsel, since he had to go to Coimbatore for “periodical treatment”. When he came back from Coimbatore, it was noticed by him that the file was missing. He could trace out the file “after a very long period” on November 20, 2004, when he was searching for an old tax receipt from a heap of papers in the upstairs. MACA.No.52 OF 2005 2 According to the petitioner, the delay has occurred thus. 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.52 OF 2005 2