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 16TH JUNE 2010 / 26TH JYAISTHA 1932 MACA.No. 1316 of 2004() ----------------------- OPMV.2218/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ----------------------------------- KALIYAMOORTHY, AGED 46 YEARS, S/O. PONNUSWAMY, R/O. DOOR NO.65, KALIKAVIL PURAM SHETTINATHAPURAM P.O., SHETTINATHAPURAM-609 109, SRIKALI TALUK, NAGAPATTANAM DISTRICT, TAMIL NADU. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): RESPONDENTS --------------- 1. K. ABOOBACKER HAJI, S/O. KUNHALAN KUTTY HAJI, R/O. KALARIKKAD HOUSE, THRIPPANANCHI, MANJERI P.O., MANJERI-676 121, MALAPPURAM DISTRICT (THE OWNER OF THE CAR NO.KER-4910). 2. UMMER KARALIKKATT, S/O. KUNHALANKUTTY, AGED 32 YEARS, R/O. KALARIKKATT HOUSE, THRIPPANANCHI, MANJERI P.O., MANJIR -676 121, MALAPPURAM DISTRICT (THE DRIVESR OF THE VEHICLE NO.KER-4910). 3. THE UNITED INDIA INSURANCE COMLPANY LIMITED, DIVISIONAL OFFICE, ARAFA BUILDING, SECOND FLOOR, COURT ROAD, MANJERI P.O., MANJERI-676 121, MALAPPURAM DISTRICT. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------------ C.M.Appln. 1992 of 2004 & M.A.C.A.1316 of 2004 ------------------------------------------------------------- Dated: JUNE 16, 2010 JUDGMENT Basheer, J. This appeal is filed with an application under sec.5 of the Limitation Act, to condone the delay of 3116 days in filing the appeal. 2. The impugned award was passed by the Tribunal on December 11, 1995. According to the petitioner/appellant, his counsel before the Tribunal had advised him to prefer an appeal against the award. Accordingly, petitioner had instructed his counsel to make arrangements to file the appeal. Mr. Pushpodharan, a practising lawyer of this court was thereafter engaged by the petitioner. It is averred by the petitioner that he had made enquiries about the filing of the appeal on several occasions and Adv. Pushpodharan had told him that an appeal had already been filed and that the result of the appeal would be informed to him after the case was taken up for hearing. But later, when the petitioner made enquiries at the enquiry counter in the High Court, he came to know that no appeal had been filed by Adv. Pushpodharan. Thereafter petitioner contacted another counsel who advised him to get a certified copy of the award. Accordingly, a copy application was filed before the Tribunal on August 26, 2004 and copy was obtained on C.M.Appln. 1992 of 2004 & M.A.C.A.1316 of 2004 2 September 7, 2004. The appeal was filed thereafter. Petitioner asserts that the delay occurred in the above circumstances. Even though it is stated by the petitioner that one Adv. Pushpodharan was entrusted with the matter to file an appeal before this court, it is not stated when was Mr. Pushpodharan engaged by the petitioner. Even the initials of this Adv. Pushpodharan is not seen mentioned in the affidavit. It is also not discernible from the affidavit as to when did he make enquiries about the fate of the appeal. 3. Having carefully perused the affidavit, we are not at all satisfied that the so-called reasons stated by the petitioner are sufficient enough to condone the inordinate delay. The petition is dismissed. Consequently the appeal is also dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-