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 28TH MAY 2010 / 7TH JYAISHTA 1932 MACA.No. 690 of 2010() ---------------------- OPMV.3226/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER. ----------------------------------- SHYAMALA,AGED 50 YEARS, D/O.KANNAN, MAKKANANCHERRY HOUSE, KEEZHARIYOOR, KOYILANDY TALUK, MOZHIKODE. BY ADV. SMT.SREEKALA KRISHNADAS RESPONDENTS/RESPONDENTS -------------------------------------- 1. PRASEENA, PUNNARAMBATH HOUSE, PARAMMAL, PERUVAYAL, KOZHIKODE. 2. CHETHAKOTTU BALAKRISHNAN, S/O.KUNHI RAMAN NAIR,NADUVMUR AMSOM, PERAMBRA,KOZHIKODE. 3. THE NATIONAL INSURANCE CO. LTD, PARCO TOWER, PB NO.2607, P.M.TAJ ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ C.M.Appln.886/2010 and M.A.C.A. 690 of 2010 ------------------------------------------------------ Dated: MAY 28, 2010 JUDGMENT Basheer, J. The prayer in this application filed under sec.5 of the Limitation Act is to condone the delay of 591 days in filing the appeal. 2. The impugned award was passed by the Tribunal on November 1, 2007. But, according to the appellant, she being an old and invalid lady suffering from “agonies due to her son's death”, could not file the appeal within time. It is further stated that her husband who is also suffering from serious ailments could not take any steps to prefer the appeal. From the affidavit it is discernible that the deponent is aged only 50. There is not even a whisper as to what ailment she or her husband had been suffering from. It is seen from the endorsement on the free copy of the award that it was delivered to the party on July 29, 2008. But the appeal is seen filed only on March 19, 2010. The affidavit filed in support of the application for C.M.Appln.886/2010 and M.A.C.A. 690 of 2010 2 condonation of delay is totally unsatisfactory. Therefore we are not satisfied that the delay is liable to be condoned. The application is dismissed. Consequently the appeal is also dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-