IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 MACA.No. 158 of 2010() ---------------------- OPMV.490/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): PETITIONERS -------------- 1. DEEPA K.V., D/O.VIJAYALEKSHMI SANTHI BHAVANAM, KADAPPA, MYNAGAPPALLY, KUNNATHUR TALUK, KOLLAM. 2. VRINDA, (MINOR) D/O.DEEPA SANTHI BHAVANAM, KADAPPA, MYNAGAPPALLY, KUNNATHUR TALUK, KOLLAM. 3. KANNAN, (MINOR) D/O.DEEPA SANTHI BHAVANAM, KADAPPA, MYNAGAPPALLY, KUNNATHUR TALUK, KOLLAM. 4. PRABHAKRAN PILLAI ,F/O.SUNIL KUMAR (DIED KOTTAPPURATHU VEEDU, MANAKKARA, RAJAGIRI, SASTHAMCOTTA, KUNNATHOOR TALUK, KOLLAM. 5. SANTHAKUMARI AMMA, M/O.SUNILKUMAR KOTTAPPURATHU VEEDU, MANAKKARA, RAJAGIRI, SASTHAMCOTTA, KUNNATHOOR TALUK, KOLLAM. ( APPELLANTS 2 & E REPRESENTED BY MOTHER 1ST APPELLANT DEEPA.K.V., DO. DO.) BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. VIRIJINI, W/O.J.Y YESUDASAN SANTHI BHAVAN, VADAKKUMBHAGOM,KOLLAM. 2. AUGUSTIN, S/O.WILFRED, AMMAVEEDU VADAKKUMBHAGOM, KOLLAM,PURAVOORKONAM,KARAKULAM. 3. THE BRANCH MANAGER NATIONAL INSURANCE CO.LTD, DIVISIONAL OFFICE, KOLLAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln. No.179 OF 2010 & M.A.C.A.No.158 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2010 JUDGMENT Basheer, J. In this application filed under Section 5 of the Limitation Act , petitioners seek condonation of delay of 935 days in filing the appeal which is directed against the award passed by the Motor Accidents Claims Tribunal. By the impugned award, the Tribunal has granted a compensation of Rs. 5, 73, 900/- with 7.5% interest from the date of petition till date of realisation. 2. According to the petitioners, who are stated to be the wife and children of deceased victim of the accident, they came to know about the passing of award long after the date on which it was actually passed. 3. But there is not even a whisper as to when the petitioners came to know about the passing of the award. What is stated in the affidavit is that petitioners “were informed by their counsel as soon as the award was passed.” It is not even mentioned as to when they M.A.C.A.No.158/2010 2 received the copy of the award. There is a further averment in the affidavit that the case bundle was misplaced. It is not discernible as to who misplaced the file and when it was recovered. The affidavit filed in support of the application is totally unsatisfactory. We are not at all convinced or satisfied with the explanation offered by the petitioner . There is no merit in the application. Therefore, it is dismissed. Consequently, the Appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. M.A.C.A.No.158/2010 2