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 19TH MAY 2010 / 29TH VAISAKHA 1932 MACA.No. 433 of 2010 ------------------------------------- OPMV.2827/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ---------------------------------------------- SUJEESH,AGED 22 YEARS, S/O.SADANANDAN,RESIDING AT PANOLIPARAMBA, P.O.MERIKKUNNU, KOZHIKODE. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENTS: --------------------------- 1. SAIDALAVI.S/O.HAMEED, RESIDIG AT PARAMMAL HOUSE, P.O.KARASSERY, KUKKAM KOZHIKODE. 2. THE NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE,CHERROTTY ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.542 OF 2010 & M.A.C.A.No.433 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of May 2010 JUDGMENT Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 624 days in filing the appeal. 2. Admittedly, the impugned award was passed on October 27, 2007. But according to the petitioner/appellant, he was away from home pursuing his studies outside Kerala for the last two years and therefore he could not contact his counsel to give further instructions in the matter. It is further stated in the affidavit that “after a few weeks he contacted his counsel and then only he knew that an award had already been passed. Immediately he requested his counsel to apply for a certified copy of the award.” According to the petitioner, the delay has occurred in the above circumstance. 3. But a perusal of the certified copy of the award produced along with the appeal shows that copy application for the certified copy of the award was filed on March 18, 2008 and the copy was in fact delivered on May 31, 2008. But the appeal is seen filed only on December 22, 2009. There is absolutely no explanation whatsoever about the delay of more than 1½ years from May 2008 till the date of filing. We are not at all satisfied with the so called explanation. Therefore, the petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE jes P.Q.BARKATH ALI, JUDGE