IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 MACA.No. 1482 of 2007() ----------------------- OPMV.842/1998 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT(S): PETITIONERS 1 TO 4: -------------------------------------------- 1. BINDU LAKSHI R., W/O.LATE SOMAKUMAR C.S. THURUTHIYIL PALAKKOTTEE, CHERAVALLI, KAYAMKULAM. 2. SARATH KUMAR, THURUTHIYIL PALAKKOTTEE, CHERAVALLI, KAYAMKULAM. 3. SAJIN KUMAR, THURUTHIYIL PALAKKOTTEE,CHERAVALLI, KAYAMKULAM. (MINOR APPELLANTS 2 & 3 REPRESENTED BY THE MOTHER, NATURAL GUARDIAN AND NEXT FRIEND -1ST APPELLANT, BINDULEKSHMI R.) 4. SIVARAMA PILLAI, KALLELIPADEEKKAL, CHERUTHANA P.O. BY ADV. SRI.K.SASIKUMAR RESPONDENT(S): RESPONDENTS: --------------------------- 1. MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. 2. S.ISSAC, DAS BHAVANAM, TC.18/1667, THIRUMALA, THIRUVANANTHAPURAM. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- C.M.Appln. No.1461 of 2007 in M.A.C.A.No.1482 of 2007 -------------------------------------- Dated this the 11th day of November, 2008. ORDER Koshy, J. This is a petition for condoning the long delay of 468 days in filing the appeal. It is the case of the petitioners that because of the omission on the part of the Advocate Clerk to note the posting date of the case, there was no representation when the case was called. Hence the Tribunal dismissed the claim petition for default. Petitioners filed a petition for restoration. Now restoration was also dismissed and that caused the delay. Petitioners/claimants are the dependents of alleged motor accident victim. It is also submitted that after the death of the husband of first petitioner, there was nobody to help them. In these circumstances, delay of 468 days in filing the appeal is condoned. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.1482 of 2007 -------------------------------------- Dated this the 11th day of November, 2008. JUDGMENT Koshy, J. The claim petition filed by the appellants/claimants before the Motor Accidents Claims Tribunal was dismissed for 'no representation' for the claimants. Claim petition was filed in the year 1998. It is seen that documents were also not filed. According to the claimants, they were absent only because the date of posting was wrongly noted by the Advocate Clerk. In the circumstances of the case, we set aside the award and direct the Tribunal to dispose of the matter on merit. The appellants/claimants should file all relevant documents relating to the case within one month from today and thereafter must appear before the Tribunal on 15.12.2008. Since both sides are appearing, they shall take notice of the date of appearance. The Appeal is allowed. Case is remanded to the Tribunal. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE.