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 27TH JUNE 2011 / 6TH ASHADHA 1933 MACA.No. 787 of 2011() ---------------------- OPMV.1001/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/ PETITIONER IN O.P.(MV) 1001/2005 ---------------------------------------------- SASIKUMAR, AGED 44, S/O.P.G.RAMAN PILLAI PULIYAMPULLI HOUSE, CHENGAMANADU VILLAGE. BY ADV. SRI.GOPAKUMAR G. (ALUVA) SMT.ANUPAMA JOHNY RESPONDENTS/ RESPONDENT NO.3 IN OP(MV) 1001/2005 -------------------------------------------------- THE NEW INDIA INSURANCE CO.LTD., BRANCH OFFICE, KODAVATH SHOPPING COMPLEX, SUB JAIL ROAD, ALUVA, PIN 683101. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1248 OF 2011 IN M.A.C.A.No.787 OF 2011 & M.A.C.A.No.787 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of June, 2011 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 699 days in filing the appeal. 2. The impugned award was passed by the Tribunal on March 2, 2009. But according to the petitioner/appellant, during that period he was away in Tamil Nadu in connection with his employment and therefore he could not contact his counsel. Though in November 2009 he met his counsel and was advised by him to file an appeal, since the Insurance Company was exonerated, he could not prefer the appeal as he was facing financial difficulties. However, he had requested his counsel to apply for a certified copy. But the communication sent by his counsel in this regard never reached him. 3. In March 2011 when he met his counsel, it was revealed that the clerk of the counsel had failed to apply for the copy. MACA.No.787/2011 2 Thereafter, he took steps to obtain a certified copy. The appeal has been filed after receipt of the certified copy with a delay of 699 days. Having perused the averments in the affidavit filed in support of the application, 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 sv. MACA.No.787/2011 2