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 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 MACA.No. 2272 of 2010() ----------------------- OPMV.760/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): PETITIONER ------------------------ BALASUBRAMANYAN @ BALAN, AGED 47 YEARS, RESIDING AT LAKSHMI NIVAS, THATTURUMBAKADU, AKATHETHARA P.O., PALAKKAD. BY ADV. SRI.P.N.KRISHNANKUTTY ACHAN, SENIOR ADVOCATE SRI.V.B.RAMANUNNI RESPONDENT(S): RESPONDENTS --------------- 1. K.BHAGAVANNARAYANA, S/O.GOVINDARAJULU, DOOR NO.27-32/5-1, DUNNAVARI STREET, GOVERNOR PETTA, VIJAYAWADA, ANDHRAPRADESH, (RC OWNER OF TEMPO A.P.16X.2599) 520 001. 2. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, P.B.NO.251, LABHIPETTA, VIJAYAWADA, (INSURER OF TEMPO A.P.16, X.2599) 520 001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ---------------------------------------------------------- C.M.Appln.No.2952 of 2010 & M.A.C.A.No.2272 OF 2010 --------------------------------------------------------- Dated this the 19th day of November, 2010 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 897 days in filing the appeal. 2. The impugned award was passed by the Tribunal on September 29, 2007. It is admitted by the petitioner/appellant that free copy of the award was received on February 22, 2008. But according to the petitioner, he had been prosecuting a writ petition in connection with disbursement of the amount awarded by the Tribunal. The writ petition was disposed of on March 11, 2009. After that, he developed heart disease and was undergoing treatment. It is thus that the delay has occurred, according to the petitioner. We are not at all satisfied with the so called explanation offered by the petitioner. There is nothing on record to show during which period he was undergoing treatment. It is also not explained how the MACA.NO.2272/2010 2 prosecution of the writ petition prevented him from filing the appeal. In any view of the matter, there is no proper explanation to condone the inordinate delay. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE sv