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 12TH JANUARY 2011 / 22ND POUSHA 1932 MACA.No. 9 of 2011() ------------------------- (O.P.(MV) NO.1329/2005 OF II ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE) .............. APPELLANT(S): PETITIONER IN THE OP(MV) ---------------------------------------------------- SIDHARTHAN, S/O.LATE PANGUTTY, AGED 60 YEARS, PUTHOOR THEKKAYIL HOUSE, P.O.PANTHEERANKAVU, CALICUT. BY ADVS. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN OP(MV) ---------------------------------------------------- 1. K.P.MOHAMMED, S/O.ABDULLA, KOLLAPARAMBAN HOUSE, KARAKKUNNU MANJERI, MALAPPURAM DISTRICT - 676 121. 2. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, KORAMBAYIL ARCADE, PANDIKKAD ROAD, MANJERI - 676 121. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs A.K.BASHEER & P.Q.BARKATH ALI, JJ. -------------------------------------------------- M.A.C.A. No. 9 OF 2011 ----------------------------------------- Dated this the 12th day of January, 2011. J U D G M E N T A.K.BASHEER , J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 300 days in filing the appeal. 2. The impugned award was passed by the Tribunal on 30.11.2009. But the application for obtaining free copy of the award is seen to have been filed only on 15.11.2010 ie; after about one year. According to the petitioner, he was away in Tamil Nadu in connection with his employment and therefore he could not contact his counsel for more than six months. 3. Having perused the averments in the affidavit, 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.BARKATHALI, JUDGE. dmb