IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 MACA.No. 2876 of 2009 -------------------------------------- OPMV.1355/1990 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S) / RESPONDENTS 1 & 2 ------------------------------------------------------------- 1. VARANGOTH SADIKKALI, S/O.CHEKUTTY, VARANGOTH HOUSE, CHEMPAKUTHU, EDAVANNA. 2. K.ABUL NAZIR, S/O.MOHAMMED, KOLAPPADAN HOUSE, EDAVANNA. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS/CLAIMANTS & RESPONDENT NO.3: ---------------------------------------------------------------------------------- 1. P.CHAKKIKUTTY @ MUNDI, W/O.LATE PARAKKADAN CHELLY. 2. AMMACHI, W/O.LATE NEELANDAN. 3. AJITHAKUMARI.P., D/O.LATE NEELANDAN. 4. SASIKUMAR.P., S/O.LATE NEELANDAN. 5. VELAYUDHAN.P., S/O.LATE NEELANDAN. 6. UNNI.P., S/O.LATE NEELANDAN, (ALL ARE RESIDING AT EDAVANNA AMSOM, MUNDANKARA DESOM, P.O.EDAVANNA, MALAPPURAM DISTRICT). 7. M/S.UNITED INDIA INSURANCE CO.LTD., XXI/405, PANDI AUTOMOBILES BUILDING, P.B.NO.11, UP HILL, MALAPPURAM. ADV. SRI.P.SAMSUDIN FOR R2 TO 6 SMT.JAYASREE S. FOR R7 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.3402 OF 2009 & M.A.C.A.No.2876 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of June 2010 JUDGMENT Basheer, J. This appeal is filed with an application under Section 5 of the Limitation Act to condone the delay of 4972 days in filing the appeal. Appellants are the driver and owner of the vehicle which was involved in the accident that occurred on November 17, 1989. 2. The Tribunal passed the impugned award on September 18, 1995. It is averred by appellant No.1/the driver of the vehicle in the affidavit that during the pendency of the proceedings before the Tribunal he was away in the Middle East in connection with his employment. He had come back to his native village in 1994. Even at that time, he did not know about the pendency of the proceedings. Later, when he came to India on leave in October 2007 he was served with a notice in the execution petition filed by the claimant. On enquiry, he was informed that an award had been passed against him and the owner of the vehicle directing them to pay the award amount over and above Rs.50,000 which was found to be the liability of the insurer. The Tribunal had awarded an amount of Rs.1,56,000/- to the claimants. It is further averred by the petitioner that appellant No.2 was also unable to appear before the tribunal because of rheumatism. M.A.C.A.No.2876 OF 2009 :: 2 :: 3. A perusal of the endorsements on the certified copy of the award will show that an application for copy was filed on October 15, 2007 and the copy was delivered on November 2, 2007. However, the appeal is seen filed only on November 18, 2009. There is absolutely no explanation for the delay of more than two years even after obtaining the certified copy of the award. In any view of the matter, we are not at all satisfied that the inordinate delay is liable to be condoned. The so called explanation offered by the petitioner/appellant is totally unsatisfactory. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes