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 2ND JUNE 2010 / 12TH JYAISTHA 1932 MACA.No. 823 of 2010 ---------------------------------- OPMV.1190/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANT/CLAIMANT. --------------------------------------------------------------- THOMAS, S/O.PAULOSE, VATTAPARAMBIL HOUSE PERUMBAVOOR. BY ADV. SRI.R.MANOJ SRI.RAJESH VIJAYAN RESPONDENT(S): RESPONDENTS/RESPONDENTS. -------------------------------------------------------------------------------- 1. M.A.JOSEPH,MATTAKKATTIL HOUSE, PULLUVAZHI P.O., PERUMBAVOOR. 2. THE NEW INDIA ASSURANCE CO. LTD, BRANCH OFFICE, PERUMBAVOOR. 3. THE UNITED INDIA INSURANCE CO. LTD, BRANCH OFFICE, PERUMBAVOOR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1063 OF 2010 & M.A.C.A.No.823 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June 2010 JUDGMENT Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 1152 days in filing the appeal. 2. Admittedly, the impugned award was passed by the Tribunal way back on October 25, 2006. It is conceded by the petitioner that his counsel received the copy of the award on November 21, 2006. But according to him, the counsel misplaced the copy of the award and kept it in another case bundle. The copy could be traced out only in the first week of April 2010, asserts the petitioner. We are not at all impressed with the so called explanation offered by the petitioner. The inordinate delay has not been properly explained. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. Sd/- A.K.BASHEER, JUDGE Sd/- P.Q.BARKATH ALI, JUDGE jes // true copy // P.A. to Judge jes