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 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 MACA.No. 1947 of 2010() ----------------------- OPMV.1297/2001 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): CLAIMANT ---------------------- SMITHA, W/O.SALIM, AGED 39 YEARS, SREE VIHAR HOUSE, CC-11, SANTHI NAGAR COLONY, P.O.CHEVAYOOR, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENTS -------------------------- 1. MUHAMMED HANEEFA, VALAKADATHAZHAM HOUSE, KINASSERY.P.O., POKKUNNU, KOZHIKODE. 2. THE NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.2503 OF 2010 & M.A.C.A.No.1947 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of October, 2010 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 717 days in filing the appeal. 2. The impugned award was passed by the Tribunal on April 30, 2008. But according to the petitioner/appellant, she had requested her counsel before the Tribunal to make arrangements to file an appeal against the award. But she was informed that she will have to file an affidavit explaining the reason for the delay which had already occurred. Thereafter, she entrusted the matter to one of her friend, who is working in Ernakulam, requesting him to make arrangements to file the appeal. 3. In the meanwhile, she shifted her residence to Coimbatore in connection with her profession. While being there, she met with various mishaps including a fracture on her hipbone. She came back to Calicut much later and thereafter, she took steps to engage a counsel to MACA.No.1947/2010 2 file the appeal. 4. It is seen admitted by the petitioner that copy of the award was received on December 23, 2008 itself. The affidavit is totally silent as to when she met her counsel. Similarly, it is also seen admitted by her that she had met her counsel after the period of limitation was over. In any view of the matter, 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.1947/2010 3