IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 MACA.No. 224 of 2011 ------------------------------------ OPMV.1552/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ---------------------------------------- SHAMEER, THADATHILPARAMBIL HOUSE, M.L.ROAD, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENTS: -------------------------- 1. VARGHESE VARKEY @ GEORGE, PANIKKA VEEDU, NEAR MANEED VILLAGE OFFICE, MANEED P.O., PIRAVOM. 2. C.R.MANOHARAN, XXX-908, KARAYATHARA HOUSE, POONITHURA P.O., ERNAKULAM. 3. THE NATIONAL INSURANCE CO. LTD., THRIPPUNITHURA-682 301 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.350 OF 2011 in M.A.C.A.No.224 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February 2011 ORDER Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 1233 days in filing the appeal. 2. The impugned award was passed by the Tribunal on May 8, 2007. But according to the petitioner/appellant, he had been “continuously undergoing treatment ever since May 18, 2003”. It is further averred by the petitioner that he was not in a position to properly understand the matters till December 2010, since his mental and physical condition was such that he was not able to take any sensible decision. His leg was amputated above knee on July 19, 2010. Treatment was being continued even thereafter. He asserts that in December 2010 he realised that only an amount of Rs.2,29,100/- had been awarded to him. Immediately thereafter, he took steps to apply for a certified copy of the award and on receipt of the same he has instituted this appeal. 3. It may be true that above knee amputation of the right leg of the petitioner had been done in July 2010; but there is nothing to indicate that he was totally bed ridden and there was no one else to help him to engage a counsel to file the appeal earlier, as admittedly the award was passed way back in 2007. Having perused the averments in the affidavit, we are not at all satisfied with the explanation offered by the petitioner to condone the inordinate delay. Therefore, the delay petition is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.224 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February 2011 JUDGMENT Basheer, J. In view of the dismissal of petition for condonation of delay, this MACA is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes