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 31ST MARCH 2010 / 10TH CHAITHRA 1932 MACA.No. 3222 of 2009() ---------------------------------- OPMV.1802/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT: ------------------ V.DANIEL SAMUEL, GILEAD, 11/369, VAZHAKKALA, THRIKKAKKARA, KOCHI. BY ADV. SRI.T.JAYAKRISHNAN RESPONDENTS: --------------------- 1.K.WILSON, MAYAMANDIRAM, KUNNAPPUZHA, THIRUVANANTHAPURAM. 2.BHAS, S/O. ISSAC, DOOR NO.4/72/12, KUMARAPURAM, THEPOOR, VENKITESWARA STREET, KANYAKUMARI DISTRICT. 3.THE UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE, THIRUVANANTHAPURAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI, JJ. ---------------------------------------------------------- C.M. APPL. NO. 3837 OF 2009 AND M.A.C.A NO. 3222 OF 2009 -------------------------------- DATED THIS THE 31TH DAY OF MARCH 2010 JUDGMENT A.K. BASHEER, J. In this petition filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 319 days in filing the appeal. 2. The impugned award was passed by the tribunal on 17.3.2008. In the affidavit filed in support of the application, it is seen averred by the petitioner that he got free copy of the award on application on 18.11.2008. According to him, he had a fall in the bathroom on 25.1.2009. It is further averred that he was having severe back pain and was finding it difficult to keep a head straight. He had been undergoing Ayurvedic treatment for the pain. He was advised not to indulge in any activity involving strain. He was also advised not to travel as it might affect his health. Petitioner asserts that he recovered from illness only by the 1st week of December 2009 and this appeal has been filed on 22.12.2009. 3. Having perused the averments in the affidavit, we are not at all satisfied with the so called “explanation” offered by the petitioner. We have also perused the award impugned in the appeal. C.M. APPL. NO. 3837 OF 2009 AND M.A.C.A NO. 3222 OF 2009 2 Petitioner has been awarded a sum of Rs. 2,61,000/-. Having regard to the alleged injuries sustained by him in the accident which are extracted in the award itself, we are satisfied that the amount granted by way of compensation is adequate. For that reason also, we do not find any reason to condone the inordinate delay of 319 days. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K. BASHEER (JUDGE) P.Q. BARKATH ALI (JUDGE) pkk