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 1ST JUNE 2011 / 11TH JYAISHTA 1933 MACA.No. 575 of 2011 - - - - - - - - - - - - - - - - - - - - OPMV.1039/2005 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM .................... APPELLANTS : PETITIONER ------------------------------------------- SUNOD, S/O.SUDHAKARAN, VAKKITHARAYIL HOUSE, MANIPUZHA BHAGOM, VADAYAR KARA, VADAYAR.P.O., THALAYOLAPARAMBU VILLAGE, VAIKOM TALUK. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM RESPONDENTS : RESPONDENTS ---------------------------------------------------- 1. SAJIMON, S/O.THANKAPPAN, VETTIKATTU HOUSE, PULLYANNOOR KARA, PULLIYANNOOR VILLAGE. 686 573. 2. MADHU, S/O.THANKAPPAN, VETTIKATTU HOUSE, PULLYANNOOR KARA, PULLIYANNOOR VILLAGE. 686 573. 3. UNITED INDIA INSURANCE COMPANY LIMITED, JOY'S BUILDING, M.G.ROAD, KOCHI-682 011. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.967 OF 2011 & M.A.C.A.No.575 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of June 2011 ORDER Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 513 days in filing the appeal. 2. The impugned award was passed by the Tribunal on August 7, 2009. But admittedly application for obtaining certified copy of the award was filed only on February 24, 2011. According to the petitioner/appellant, he had been making enquiries about the copy of the award. But his counsel had assured him that necessary steps had been taken. It is averred by the petitioner that the omission to file the copy application was on the part of the clerk attached to the office of his counsel. We are unable to accept the above averment in the absence of any supporting material. It cannot be believed that the petitioner would have waited for nearly two years without taking any active steps in the matter. Having carefully 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.575 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of June 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