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. 703 of 2011() ---------------------- OPMV.574/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER -------------- K.K.SATHYAN, S/O.GOPALAN, AGED 35 YEARS, CHALUPARAMBIL VEEDU, MENHANYAM POST, VIA PERAMBRA, KOHZIKODE BY ADV. SRI.V.S.CHANDRASEKHARAN KUM.D.MINI RAJAN SMT.LEKSHMI SWAMINATHAN RESPONDENTS/RESPONDENTS --------------- 1. MUSTHAFA C.K., AGE & FATHER'S NAME NOT KNOWN MATAYANAR POYIL, KAYAKKODI POST, KUTTIADI, KOZHIKODE- 2. THE ORIENTAL INSURANCE CO.LTD DIVISIONAL OFFICE, SEEMA BUILDING G.H.ROAD, KOZHIKODE-673001 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.1135 OF 2011 IN M.A.C.A.No.703 OF 2011 & M.A.C.A.No.703 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 485 days in filing the appeal. 2. The impugned award was passed by the Tribunal on September 14, 2009. But according to the petitioner/appellant, during that period he was living in Kasargod along with his wife, who was employed as a teacher in a school and therefore he could not contact his counsel at Kozhikode. Ultimately, he contacted the counsel in April 2010 and then only he came to know that the Tribunal had passed the award in September 2009 itself. Thereafter, steps were taken to get the certified copy of the award and the present appeal has been filed after obtaining the copy. Having perused the averments in the affidavit filed in support of the application, we are not at all satisfied with the so called MACA.No.703/2011 2 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.703/2011 2 MACA.No.703/2011 2