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 28TH JULY 2010 / 6TH SRAVANA 1932 MACA.No. 1200 of 2010() ----------------------- OPMV.718/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): PETITIONER: ------------------------- FIROZ, AGED 20 YEARS, SON OF KOTTAYIL MUHAMMED, KAKKULAM P.O., PANIDKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): RESPONDENTS --------------- 1. KOTTAKKUNNATH PADMANABHAN, S/O.GOVINDAN PULVETTA P.O., KARUVARAKKUNDU, (DRIVER OF PIKCUP LORRY KL 10/B 7809). 2. P.MOHAMMED, S/O.POCKER, PARAMAL HOUSE, THARISH, P.O.KARUVARAKKUNDU, MALAPPURAM DISTRICT. (OWNER OF THE LORRY). 3. M/S.NATIOAL INSURANCE CO.LTD., PARCO TOWERS, 4TH FLOOR, P.M.TAJ ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln. No.1523 OF 2010 IN M.A.C.A.No.1200 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2010 ORDER Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 534 days in filing the appeal. 2. The impugned award was passed by the Tribunal on January 27, 2005. But according to the petitioner/appellant, his father had been conducting the case on his behalf. It is also seen admitted by the petitioner that his father was informed about the passing of the award by the counsel, who appeared for the appellant. But the father did not take any steps to file the appeal. Petitioner came to know about the quantum of the award only “later”. Immediately he took steps through his counsel to file an application to obtain a copy of the award. The application was filed on March 17, 2006 and the copy was ready on April 15, 2006. But according to the petitioner, the Advocate clerk informed about the receipt of the copy of the award to his father. Petitioner came to know about the receipt of the copy only in December 2006, when the counsel was contacted by him. We are not at all satisfied with the so called explanation offered by the petitioner/appellant to condone the inordinate delay of 534 days in filing the appeal. Therefore, the petition is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1200 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2010 JUDGMENT Basheer, J. In view of the dismissal of C.M.Appln.No.1523/2010, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.