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 9TH JUNE 2010 / 19TH JYAISTHA 1932 MACA.No. 876 of 2010() ---------------------- OPMV.1175/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR .................... APPELLANT(S): PETITIONER ------------------------ RAJU,S/O.JANARDHANAN,MALIYEKKATU HOUSE, KARINGAMTHURUTH KARA,MALIYEKKATTU HOUSE, KONGORPILLY.P.O,ALANGADU VILLAGE. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM RESPONDENT(S): RESPONDENTS --------------- 1. ABOOBAKKER,S/O.KUTTIHASSAN, MELECHAKKAMKOLLIL HOUSE,NEAR KUNAMTHERA MOSQUE, NORAMTHODU VILLAGE,KODANCHERI,KOZHIKODE DISTRICT. 2. THE MANAGING DIRECTOR,K.S.R.T.C, THIRUVANANTHAPURAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ C.M.Appln.1120 of 2010 and M.A.C.A. 876 of 2010 ------------------------------------------------------ Dated: JUNE 9, 2010 JUDGMENT Basheer, J. This appeal is filed with a petition under sec.5 of the Limitation Act, to condone the delay of 384 days in filing the appeal. 2. The impugned award was passed by the Tribunal on November 15, 2008. But, according to the petitioner/appellant, he had instructed his counsel to take necessary steps to file an appeal against the award since the amount of compensation granted by the Tribunal was found to be inadequate. Petitioner had been making periodical enquiries and he was informed by his counsel that necessary steps will be taken and he will be contacted as soon as copy was ready. But, according to the petitioner, when he went to the office of his counsel on April 20, 2010, he came to know that copy of the award had been received much earlier. Petitioner thereafter collected the records and made arrangements to file the appeal. 3. We are not at all satisfied with the so-called explanation C.M.Appln.1120 of 2010 and M.A.C.A. 876 of 2010 2 offered by the petitioner to condone the delay. Therefore the delay petition is dismissed. Consequently the appeal is also dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-