IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 MACA.No. 381 of 2011 ----------------------------------- OPMV.2756/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANTS / PETITIONERS: ----------------------------------------------- 1. V.V.THOMAS @ PAPPACHAN, S/O.VARGHESE, ANAKKULANGARA, SATTHIGRAM COLONY, VADAYATHOOR P.O., VIJAYAPURAM VILLAGE, NOW R/AT. ANAKKULANGARA, NARIMATTOM, MANARKAD P.O., KOTTAYAM. 2. VINOD, S/O.THOMAS, ANAKKULANGARA, SATTHIGRAM COLONY, VADAYATHOOR P.O., VIJAYAPURAM VILLAGE, NOW RESIDING AT ANAKKULANGARA, NARIMATTOM, MANARKAD P.O., KOTTAYAM. BY ADV. SRI.JOMY GEORGE SRI.LITHIN THOMAS RESPONDENTS/RESPONDENTS: --------------------------------------------------- 1. MADHU, S/0.MADHAVAN, KULANGARA HOUSE, NEAR P&T QUARTERS, MUTTAMBALAM P.O., KOTTAYAM (DRIVER). 2. ROSAMMA JOSEPH, W/O.JOSEPH, ARANGATH HOUSE, MUTTAMBALAM P.O., MUTTAMBALAM VILLAGE, KOTTAYAM (OWNER). 3. THE UNITED INDIA INSURANCE CO. LTD., COCHIN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.618 OF 2011 in M.A.C.A.No.381 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of March 2011 ORDER Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 1957 days in filing the appeal. The impugned award was passed on July 21, 2003. According to the petitioner/appellant, he along with his counsel had instructed counsel at Ernakulam to file an appeal. He and his counsel were under the impression that appropriate steps would be taken by his counsel to institute the appeal. But petitioner could not make any enquiries, since he was fully engaged with the treatment of his wife who was under tremendous mental and physical stress after the death of their son. His other son was working outside the State. When the petitioner contacted his counsel before the Tribunal, he was informed that no appeal had been filed. Thereafter, he instructed his counsel to obtain another copy of the award. A fresh copy application was filed on 11th November 2008 and the copy was obtained on December 15, 2008 itself. Thereafter the appeal was filed. It is thus the delay has occurred, according to the petitioner. But it may be noticed that the appeal is seen to have been filed only in April 2009, though the copy was obtained in December 2008 itself. There is no explanation for the delay of four months. Still further, it is seen that initially the appeal was returned due to some defect. However it was re-presented after M.A.C.A.No.381 OF 2011 curing the defects with a delay of 666 days. Thus, it is evident that petitioner has been totally indifferent in prosecuting the appeal. Having carefully perused the averments in the affidavit, we are not at all satisfied with the explanation offered by the petitioner to condone the inordinate delay of 1957 days. Therefore, the delay petition is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes M.A.C.A.No.381 OF 2011 A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.381 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of March 2011 JUDGMENT Basheer, J. In view of the dismissal of petition for condonation of delay, this MACA is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes