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 6TH AUGUST 2010 / 15TH SRAVANA 1932 MACA.No. 1445 of 2010() ----------------------- ( O.P.(MV)NO.690/2003 OF MACT, KOZHIKODE) APPELLANT(S): PETITIONER -------------- K.T.HARISH S/O APPUNNI NAIR AGED 23 YEARS KIZHAKKE THADAMBATTIL HOUSE KARAPARAMBA POST KOZHIKODE BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENT(S):RESPONDENTS --------------- 1. ABDUL AKBAR.T.M. THOTTIVALAPPIL HOUSE VAIRAMKODU POST THIRUNAVAYA MALAPPURAM PIN 676 301 2. THE ORIENTAL INSURANCE CO. LTD BRANCH OFFICE, CHEROOTTY ROAD KOZHIKODE - 673 001 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1813 of 2010 in M.A.C.A.No.1445 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2010 ORDER Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 558 days in filing the appeal. 2. The impugned award was passed by the Tribunal on April 2, 2008. But according to the petitioner, at that time, he was away in Bombay in connection with “delivery of his sister” and therefore he could not contact his counsel and give necessary instructions in the matter. It is further stated by him that he could contact his counsel only in December 2008, when he came to know about passing of the award. The further averment in the affidavit is that in February 2010, he went to Bombay to meet his sister and he could come back only in April 2010. Thereafter, he had to go to Coimbatore in connection with his new job. Therefore, he could not go to Ernakulam and engage a counsel. He had also some financial difficulties in raising sufficient money for filing the appeal. Having perused the averments in the affidavit filed in support of the application, we are not at all satisfied with the so called explanation offered by the petitioner to condone the inordinate delay. Therefore, the delay petition is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1445 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2010 JUDGMENT Basheer, J. In view of the dismissal of C.M.Appln.No.1813/2010, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.