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 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 MACA.No. 2577 of 2010() ----------------------- OPMV.238/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER ------------------------ P.H.NASEEM, S/O.HAMEED, PUTHENVEETTIL HOUSE, ARIVAYAL, PAZHAPATHOOR P.O., VIA S.BATHERY, WAYANAD DISTRICT. BY ADV. SRI.S.M.PRASANTH RESPONDENT(S): RESPONDENTS -------------------------- 1. P.ASHARAFF, S/O.MOIDEEN KOYA, POOKARAMBIL HOUSE, NELLARACHAL P.O., AMBALAVAYAL, WAYANAD (DRIVER OF KL 11/F 459 LORRY) 673593. 2. M.P.ABDUL SALAM, S/O.RAYIN, MELAPILATHOTTATHIL HOUSE, P.O.PAERAMBIL, CALICUT (OWNER OF KL 11/F 459 LORRY)-673001. 3. NEW INDIAN ASSURANCE CO. LTD., KALPETTA (INSURAR OF KL 11/F 459 LORRY)-673123. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln. No.3349 OF 2010 & M.A.C.A.No.2577 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2010 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 700 days in filing the appeal. 2. The impugned award was passed by the Tribunal on May 31, 2008. But according to the petitioner/appellant, his counsel failed to inform him about the receipt of certified copy of the award and therefore he could not take steps to prefer the appeal in time. 3. It is seen from the endorsements on the award that copy was delivered to the counsel on July 30, 2008 itself. It is pertinent to note that appellant himself was examined before the Tribunal as PW1 and therefore he could not have been totally in the dark about the disposal of the case. There is absolutely no explanation as to what prevented him from making enquiries about the case earlier. 4. It is seen averred by the petitioner that he contacted the office of his counsel only in July 2010, which means, for nearly three years, the MACA.No.2577/2010 2 appellant kept quiet. There is no explanation for the silence. Still further, the appeal is seen filed only in November 2010. There is no explanation why from September 2010 till November 2010, he did not take any steps to file the appeal. Having considered the entire aspects of the matter, we are not at all satisfied with the so called 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 sv. MACA.No.2577/2010 2