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. 742 of 2011() ---------------------- OPMV.948/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANTS/ PETITIONERS ------------------------- 1. ANIL PRABHA,W/O.SUDHEER,KIZHAKKE PUTHENPURAYIL,PARAYAKADU.P.O,CHERTHALA. (W/O.DECEASED SUDHEER). 2. ANUSREE(MINOR),D/O.SUDHEER,KIZHAKKE PUTHENPURAYIL,PARAYAKADU.P.O,CHERTHALA. (D/O.DECEASED SUDHEER),MINOR REPRESENTED BY LEGAL GUARDIAN MOTHER FIRST APPELLANT. 3. BHAGYASREE(MINOR),D/O.SUDHEER,KIZHAKKE PUTHENPURAYIL,PARAYAKADU.P.O,CHERTHALA,(D/O. DECEASED SUDHEER),MINOR REPRESENTED BY LEGAL GUARDIAN MOTHER FIRST APPELLANT. 4. SATHIAMMA,W/O.SADASIVAN,KIZHAKKE PUTHENPURAYIL,PARAYAKADU.P.O,CHERTHALA. (MOTHER OF DECEASED SUDHEER). BY ADV. SRI.JAGADEESH LAKSHMAN SRI.S.PRASANTH RESPONDENTS/RESPONDENTS --------------- 1. PURUSHOTHAMAN PILLAI, S/O KARUNAKARAN PILLAI DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION THIRUVANANTHAPURAM DEPOT 2. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, FORT P.O. THIRUVANANTHAPURAM 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.1178 OF 2011 IN M.A.C.A.No.742 OF 2011 & M.A.C.A.No.742 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 504 days in filing the appeal. 2. The impugned award was passed by the Tribunal on August 17, 2009. But according to the petitioner/appellant, she came to know about the passing of the award only in December 2010. Immediately on receipt of this information, she applied for a certified copy of the award. The application was filed on January 10, 2011 and copy was obtained in February 2011. Since she had been suffering from various ailments due to old age, she could come down to Ernakulam and meet her counsel only on April 8, 2011. The deponent has not stated any reason why appellant No.1 or any other relative did not take any steps to file the appeal. Having perused the averments in the affidavit filed in support of MACA.No.742/2011 2 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.742/2011 2