IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 MACA.No. 575 of 2010() ---------------------- OPMV.1204/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/ PETITIONER ------------------------ ULPILA ALAVIKKUTTY, AGED 56 YEARS, S/O.UNNIMAMMAD, SRAMBIKKAL P.O., PULLANKODE. BY ADV. SRI.P.SAMSUDIN RESPONDENTS/RESPONDENTS: --------------- 1. K.SHAMSUDIN, S/O.KUNJAHAMMED, KAMALAKKUNNAN HOUSE, P.O.CHOKKAD (RIDER). 2. K.CHACKO, S/O.JOSEPH, KALLANIKAL HOUSE, P.O.ARIMANAL, (VIA) KALIKAVU (OWNER). 3. UNITED INDIA INSURANCE CO.LTD., REGD, HEAD OFFICE 24, WHITES ROAD, CHENNAI-14. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q. BARKATH ALI, JJ. ------------------------- M.A.C.A No.575 of 2010 & C.M.Appli. No.713 of 2010 -------------------------- Dated this the 22nd March, 2010 J U D G M E N T Basheer,J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 554 days in filing the appeal against the award passed by the Motor Accidents Claims Tribunal, Manjeri. 2. The award was passed by the Tribunal on May 30, 2008. However, in the affidavit filed in support of the application, it is averred by the petitioner/appellant that he could file a copy application to obtain a copy of the award only on August 04, 2009 due to an "inadvertent omission". Admittedly he obtained the copy on August 25,2009. But the appeal is filed only on March 15, 2010. 3. Curiously the affidavit is seen to have been signed by the petitioner on June 10, 2009. The counsel is also seen to have attested the same on the same day. Obviously, the petitioner has cooked up a story for the purpose of this application to condone the inordinate M.A.C.A No.575 of 2010 & C.M.Appli. No.713 of 2010 2 delay. We are not at all satisfied with the explanation offered by the petitioner/appellant. Significantly there is no explanation whatsoever as to what prevented the petitioner/appellant from filing the appeal immediately after getting the copy of the award in August, 2009. Therefore, the application is rejected. Consequently the appeal is also dismissed. A.K.BASHEER,JUDGE P.Q. BARKATH ALI, JUDGE ma M.A.C.A No.575 of 2010 & C.M.Appli. No.713 of 2010 3 M.A.C.A No.575 of 2010 & C.M.Appli. No.713 of 2010 4