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 22ND DECEMBER 2010 / 1ST POUSHA 1932 MACA.No. 2495 of 2010 -------------------------------------- OPMV.627/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT / PETITIONER: ------------------------------------------- P.K.IBRAHIM,S/O.KUNHI BEERAN, AGED 68 YEARS, PUTHALATHUKANDY HOUSE,MEENANGADI POST, WAYANAD DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS / RESPONDENTS: ----------------------------------------------------- 1. MAMMAD KOYA,NAYARKULANGARA HOUSE, VELLIPPARAMBA,VELLIPARAMBA POST, KOZHIKODE DISTRICT, PIN 673 008. 2. K.K.BABU,AGED 23 YEARS, S/O.KARUNAKARAN,KOLAPPARA POST,CHOOTHUPARA, PURAKKADI AMSOM,S.BATHERY TALUK, WAYANAD DISTRCT, PIN 673 591. 3. THE NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE AT MGT BUILDINGS, KALPETTA NORTH POST, WAYANAD, PIN 673 122. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.3238 OF 2010 & M.A.C.A.No.2495 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December 2010 ORDER Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 739 days in filing the appeal. The impugned award was passed by the Tribunal on May 26, 2008. But according to the petitioner, though the copy was ready on July 11, 2008 his counsel took delivery only on January 16, 2009. Though his counsel informed the petitioner about receipt of the copy, he could not meet him immediately because of illness. It is further stated that he recovered from illness only on October 25, 2010. It is not clear from the affidavit what was the illness though it is stated that it was in connection with the injury sustained by him in the accident. A perusal of the impugned award will show that it was dismissed by the Tribunal because the petitioner had failed to adduce any evidence to show that he had sustained injuries in a road traffic accident. Petitioner had not adduced any oral evidence before the Tribunal. 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. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2495 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December 2010 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