IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 MACA.No. 649 of 2011() ---------------------- OPMV.343/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT: PETITIONER ------------------------ RATNAKARAN,AGED 34 YEARS, S/O.KESAVAN,KUNNUMMAL HOUSE,THALIPUZHA,LAKKIDI POST. BY ADV. SMT.CELINE JOSEPH RESPONDENT: RESPONDENT NO.3 ------------------------------ THE BRANCH MANAGER,NATIONAL INSURANCE CO.LTD.,KALPANA SHOPPING COMPLEX,MAIN ROAD, KALPETTA 673 121,(POLICY NO.570309/31/91/6302871). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------- C.M.Application No.1071 of 2011 & M.A.C.A. No.649 of 2011 ------------------------------------------------------- Dated this the 16th day of June, 2011 JUDGMENT A.K.Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 363 days in filing the appeal. The impugned award was passed by the Tribunal on September 26, 2009. But according to the petitioner he could not take steps to file the appeal, since he was under going Ayurvedic treatment for back pain from December 25, 2009. It is further stated that he could not personally go and collect the copy of the award immediately, though his counsel had obtained the copy immediately. The clerk also did not send any communication in this regard. We are not at all satisfied with the so called explanation offered by the petitioner to condone the inordinate delay. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. rkc