IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 MACA.No. 600 of 2011 ------------------------------ OPMV.850/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER: ASHOKAN P.K., S/O.KANNAN, PATHAMBILLY HOUSE, LAKSHAM VEEDU COLONY, KOKKUNNU, MOOKKANNOOR P.O., PIN:683577, ERNAKULAM DISTRICT. BY ADV. SRI.M.V.ANANDAN RESPONDENTS/RESPONDENTS: 1. ELDHO, S/O.ALIYAS, PARACKA HOUSE, ATTARA, MOOKKANNOOR VILLAGE, MOOKKANNOOR P.O., ERNAKULAM DIST, PIN-683577 2. THE ORIENTAL INSURANCE CO-LTD, IST FLOOR, KALLOORKKARAN SHOPPING COMPLEX, ANGAMALY, PIN-683572 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appl.No.1011 OF 2011 in M.A.C.A.No.600 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of June 2011 ORDER Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 821 days in filing the appeal. The impugned award was passed by the Tribunal way back on August 29, 2008. But according to the petitioner/appellant, he had gone to Bombay in search of a job in July 2008. Though he came back to his native place in December, 2009 he could not meet his counsel at that time because he had to go back to Bombay immediately. Thereafter, he came back to his native place only on February 21, 2011. Then only he came to know that the award had been passed in 2008 itself. It is averred by the petitioner that the delay occurred only in the above facts and circumstances. Having carefully perused the averments in the affidavit filed in support of the application for condonation of delay, we are not at all satisfied with the 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 jes A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.600 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of June 2011 JUDGMENT Basheer, J. In view of the dismissal of petition for condonation of delay, this MACA is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes