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 1ST OCTOBER 2010 / 9TH ASWINA 1932 MACA.No. 1694 of 2010(F) ----------------------- OPMV.2883/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER IN M.V.O.P. ------------------------------------ LALU @ E.L.YESUDAS, AGED 48 YEARS, S/O.LATE LAZAR, EDAPPALLY HOUSE, PALATHURUTHU BHAGOM, KALOOR, KOCHI-17. BY ADV. SRI.T.K.SHAJAHAN RESPONDENT(S): RESPONDENTS IN M.V.O.P. -------------------------------------- 1. P.R.JOSEPH, S/O.RAPHAEL, PAYIKKATTU HOUSE, JUNIOR JANATHA ROAD, VYTTILA P.O., VYTTILA, KOCHI- 682019. 2. JOHNSON @ JUDE.K.E., S/O.ETHAKKU, KURIACKKAL VEETTIL, NEAR HOMOEO DEISPENSARY, CHEPANAM, PANANGADU P.O., KOCHI, PIN 682 506. 3. THE NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, DEAMODAR CHAMBERS, STATUE JUNCTION, TRIPUNITHURA, ERNAKULAM, PIN 682 301. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVINGCOME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. -------------------------------------------------------- C.M.APPLN.2157/2010 & M.A.C.A. 1694 OF 2010 -------------------------------------------------------- Dated: OCTOBER 1, 2010 JUDGMENT Basheer, J. The prayer in this application filed under sec.5 of the Limitation Act is to condone the delay of 328 days in filing the appeal. 2. The impugned award was passed by the Tribunal on April 1, 2009. But, according to the petitioner/appellant, he was under the impression that his counsel would have taken steps to apply for a certified copy of the award. However, when he went to the office of the counsel on September 1, 2009 to enquire whether copy of the award had already been obtained or not, it was revealed that no such application had been filed because of the oversight on the part of the clerk of the counsel. Therefore the petitioner requested the counsel to take necessary steps. When the petitioner made further enquiries after two months, his counsel advised him to wait till the release of the entire compensation amount which is deposited in a nationalised bank for three years. Thereafter the petitioner took back the records and entrusted the matter to another counsel. 3. It is seen from the endorsements on the award that the copy application was filed only on April 7, 2010. The copy is seen to have M.A.C.A. 1694 OF 2010 2 been obtained on July 7, 2010. But the appeal is filed only on August 19, 2010. 4. Having carefully perused the entire averments in the affidavit filed in support of the application for condonation of delay, we are not at all satisfied with the so-called explanation offered by the petitioner. Therefore the delay petition is dismissed. Consequently the appeal is also dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE