IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 MACA.No. 343 of 2006(A) ----------------------- O.P. (MV.) NO. 2094/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/3RD RESPONDENT:- -------------------------------------- THE ORIENTAL INSURANCE CO LTD., METRO PALACE, GROUND FLOOR, OPP; NORTH RAILWAY STATION, ERNAKULAM, REPRESENTED BY ITS ADMINISTRATIVE OFFICER. BY ADV. MR. V.P.K.PANICKER RESPONDENTS/ PETITIONER & RESPONDENTS 1 & 2:- ----------------------------------------------------------- 1. KOCHUVAREED, S/O.PAILO, CHENNAKKADAN HOUSE, JOSEPURAM, VAPPALASSERY P.O., ANGAMALY. 2. JOHNY, S/O.AUGUSTINE, VALANCHERY HOUSE, KAIPPATTOOR, KALADY P.O. 3. V.O.PAULSON, S/O.OUSEPH, VALANCHERIL HOUSE, KALADY. ADV. MR. SAIBY JOSE KIDANGOOR FOR R3 MR. C.A.CHACKO FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== C.M.A. No.485 of 2006 & M.A.C.A. No.343 of 2006 ========================== Dated this the 4th day of June, 2009. JUDGMENT C.M.A. No.485 of 2006 Heard both sides. Apart from the fact that the inordinate delay of 192 days in filing the appeal has not been satisfactorily explained, the appeal itself is against the award in which the claimant who was a cyclist aged 53 years and a fish vendor, had sustained left frontal hematoma, right orbital contusion, black eye on the left, fracture of displaced clavicle, fracture of zygomatic arch, left temporal bone, fracture with scalp contusion etc. The award is only for Rs.25,000/-. 2. The petitioner/ Insurance Company challenges the award on the ground that the claimant alone was responsible for the accident resulting in the collision of the offending motorcycle with the cyclist. The Tribunal has in consonance with the charge sheet filed, come to the conclusion that the accident took place on account of the rash and negligent driving of the rider of the M.A.C.A.No. 343/2006 : 2 : motorcycle resulting in the cyclist/claimant sustaining the aforesaid injuries. If at all the Tribunal has erred, that was on the side of parsimony. I see no ground to condone the delay in filing the above appeal. This petition is accordingly dismissed. V. RAMKUMAR, JUDGE. M.A.C.A. No. 343 of 2006 Since the delay petition has been dismissed, this appeal is dismissed as time barred. Dated this the 4th day of June, 2009. V. RAMKUMAR, JUDGE. rv M.A.C.A.No. 343/2006 : 3 :