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 2ND AUGUST 2010 / 11TH SRAVANA 1932 MACA.No. 1406 of 2010() ----------------------- OPMV.1700/2001 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OPMV -------------------------------- 1. AMINI,W/O.LATE BHASKARA PANICKER, RESIDING AT JEEJA NIVAS,THAMARASSERRY PO, KOZHIKODE DISTRICT. 2. AJI PANICKER,S/O.AMMINI , RESIDING AT JEEJA NIVAS,THAMARASSERRY PO, KOZHIKODE DISTRICT. 3. JIJI PANICKER,S/O.AMMINI , RESIDING AT JEEJA NIVAS,THAMARASSERRY PO, KOZHIKODE DISTRICT. BY ADV. SRI.AVM.SALAHUDIN SMT.P.Y.SHEHEERA RESPONDENT(S): RESONDENTS IN OPMV --------------------------------- 1. P.I.IBRAHIMKUTTY,S/O.PEEMUTHU,RESIDING AT PULLIPARAMBIL HOUSE,NO.30/175,MEDICAL COLLEGE PO,KOZHIKODE-673 008. 2. SARAFULLA, S/O.MOIDEENKOYA,RESIDING AT HABEEB MANZIL,NELLIKODE AMSOM,KOVOOR, KOZHIKODE - 673 001. 3. THE ORIENTAL INSURANCE CO.LTD., MAVOOR ROAD, KOZHIKODE - 673 001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. -------------------------------------------------------- C.M.APPLN.1769/2010 & M.A.C.A. 1406 OF 2010 -------------------------------------------------------- Dated: AUGUST 2, 2010 JUDGMENT Basheer, J. The prayer in this application filed under sec.5 of the Limitation Act is to condone the delay of 582 days in filing the appeal. 2. The impugned award was passed by the Tribunal on March 10, 2008. It is admitted by the petitioner/appellant that free copy of the award was received on November 20, 2008. But, according to the petitioner, she was laid up with “heavy back pain” between August and November 2008 and the doctor who treated her had advised her to take bed rest. She further states that thereafter she met her counsel before the Tribunal and obtained the copy of the award. But, according to her, the case bundle was misplaced in the office of the counsel and it was traced out only in June 2010. The appeal has been filed only thereafter, on July 27, 2010. 3. Having perused the averments in the affidavit, we are not C.M.APPLN.1769/2010 & M.A.C.A. 1406 OF 2010 2 satisfied with the so called explanation offered by the petitioner to condone the inordinate delay of 582 days. Therefore the delay petition is dismissed. Consequently the appeal is also dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-