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 MARCH 2011 / 24TH PHALGUNA 1932 MACA.No. 362 of 2011() ---------------------- OPMV.603/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA DT.1.2.08 .................... APPELLANT(S): -------------- KISHORE MATHEW, S/O.MATHEW, AGED 23 YRS., CHENNAMPALIL, BHARANANGANAM, PIN-686 578. BY ADV. SMT.E.V.MOLY RESPONDENTS/RESPONDENTS: --------------- 1. K.J.JOSEPH, S/O.JOSEPH, KIZHAVANCHERIYIL (H), PERUNILAM, POONJAR, PIN-686 581. 2. MADHU, S/O.SADANADAN, KIZHAKKETHIL, THIDANAD P.O., PIN-686 123, KOTTAYAM DIST. 3. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO.LTD., KOTTAYAM, PIN-686 001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ---------------------------------------------------------- C.M.Appln. No.589 of 2011 & M.A.C.A. No. 362 of 2011 ---------------------------------------------------------- Dated this the 15th day of March, 2011 JUDGMENT A.K. Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 1040 days in filing the appeal. 2. It may at once be noticed that the appellant had not filed any application to obtain a copy of the award. The deponent is stated to be one of the counsel who had been representing the appellant before the Tribunal. 3. It is seen that the award was passed by the Tribunal on February 1, 2008 and an application to obtain certified copy of the award was filed on April 19, 2008. According to the deponent, certified copy of the award was received on May 16, 2008. 4. The deponent states that the certified copy along with the case bundle was handed over by him to the appellant, who requested him to take steps to file an appeal. (Significantly the date is not mentioned in the affidavit). But according to the deponent he could not prefer the appeal immediately, because C.M.Appln. No.589 of 2011 & M.A.C.A. No. 362 of 2011 2 the copy of the award was misplaced in his office. It is further stated by him that the file was traced out from his office later. He entrusted it to counter part at Ernakulam with instruction to file an appeal. However, the counsel at Ernakulam could not file the appeal since the file was misplaced in his office in Ernakuam. But later, on January 28, 2011 the deponent was informed that the file had been traced out. We are not at all satisfied with the so called explanation offered by the deponent. 5. Nevertheless, we have perused the award passed by the Tribunal. In our view the compensation (`.66,480/-) awarded by the Tribunal is just and reasonable, keeping in view, the injury sustained by the appellant who had never appeared before the Tribunal and adduced any oral evidence. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. rkc