IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 MACA.No. 799 of 2010 ------------------------- OPMV.1620/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER -------------------------------- RANJANA @ RANJINI, W/O.GOPALAKRISHNAN AGED 52 YEARS, RESIDING AT NO.33, MAMMIES COLONY KAVADIAR, THIRUVANANTHAPURAM. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENT(S): RESPONDENTS: -------------------------------------- 1. C.K.RAZAK, S/O.KHADER, AGE NOT KNOWN, RESIDING AT SALIMA, P.O.MAMBARAM VENGAD THALASSERY 2. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, KEYS SHOPPING COMPLEX, NARAYANAPURAM, THALASSERY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY THE PASSED FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No. 799 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of June, 2010 Judgment Basheer, J: In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 553 days in filing the appeal. 2. The Tribunal passed the impugned award on March 4, 2008. According to the petitioner, at that time she was undergoing treatment in Kottakkal Arya Vaidya Sala and therefore she was not in a position to undertake a travel to the office of her counsel “for giving further instruction on the case”. After a few weeks she contacted her counsel and then she came to know about the passing of the award. Immediately she instructed her counsel to apply for a certified copy of the award. Thus the delay has occurred, asserts the petitioner. 3. It is seen from the endorsement on the copy of the award that copy application was filed only on October 14, 2009 and it was delivered to the counsel on November 23, 2009. The affidavit is not at all satisfactory. The so called MACA.799/2010.I : 2 : explanation is totally unconvincing and unsatisfactory. Therefore the petition for condonation of delay is dismissed. Consequently the appeal is also dismissed. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.