IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 MACA.No. 2961 of 2008() ----------------------- OPMV.449/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: --------------------------- K.K.GOPI,S/O.KANNAN, RESIDING AT KARAMOLEL HOUSE, PUTHUPPADY,MUVATTUPUZHA. BY ADV. SMT.ANEY PAUL SRI.PHILIP J.VETTICKATTU RESPONDENTS/RESPONDENTS: ---------------------------------- 1. G.RAJU,S/O.GOPALAN NAIR, KOCHAMADATHIL HOUSE,THIRUNALLOOR, CHERTHALA. 2. VINOD P.M,S/O.VARGHESE, PANDACHERIL HOUSE,EZHAKKARANAD KARA, MANEEDU VILLAGE. 3. THE BRANCH MANAGER, THE NATIONAL INSURANCE COMPANY LTD, ST.AUGUSTINES CHURCH BUILDING, BYE PASS JN,AROOR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & P.N. RAVINDRAN, JJ. -------------------------------------------- C.M. Appn. No. 3015 of 2008 in M.A.C.A. No. 2961 OF 2008 & M.A.C.A. No. 2961 of 2008 -------------------------------------------- Dated this the 5th day of January, 2009 JUDGMENT Ramachandran Nair,J. Even though the ground raised in the Delay Condonation Petition is sickness of the appellant, we do not think the so-called sickness will justify delay of five and a half months in filing the appeal. Besides this, appellant has not even stated as to what was his disease. Above all on going through the award, we find that this is a case where appellant went and dashed behind another vehicle which led to the accident and injury to him. MACT found that the accident occurred clearly on account of negligence of the appellant. We do not think any evidence is required to prove this fact because appellant went and hit behind another vehicle. For the reasons stated above, Delay Condonation Petition as well CM APPL.3015/08 & MACA : 2961/08 2 as Appeal are dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (P.N. RAVINDRAN) Judge. kk CM APPL.3015/08 & MACA : 2961/08 3