IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 MACA.No. 4 of 2008() -------------------- OPMV.595/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL,THRISSUR .................... APPELLANT/ PETITIONER: ------------------------------- K.VIJAYAN, S/O.KUMARAN, V.V.GRAMAMVEETTIL, MURINGUR, THEKKUMURY VILLAGE, KHANNA NAGAR DESOM, KORATTY. BY ADV. SRI.V.BINOY RAM RESPONDENTS/RESPONDENTS: ------------------------------------- 1. THE PRESIDENT (OWNER), MUKUNDAPURAM TALUK, AUTO CO.OPERATIVE SOCIETY LTD., NO.757, IRINJALAKUDA P.O., PIN 680121. 2. MANOJ, S/O.PADMANABHAN NAIR (DRIVER) VAPPALA VEETTIL, KORATTY, KIZHAKKUMURY VILLAGE, CHIRANGARA DESOM, KORATTY, THRISSUR. 3. NATIONAL INSURANCE CO. LTD., P.B.NO.70, MALIACKAL BUILDING, MAIN ROAD, IRINJALAKUDA, THRISSUR PIN 680 121. R3 BY ADV. SRI.LAL GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & A.K.BASHEER, JJ. ============================ M.A.C.A.No.4 of 2008 & C.M.Appl.No.5 of 2008 ================================ Dated this the 11th day of March, 2008 JUDGMENT J.B.KOSHY,J. The petitioner sustained fracture of right ankle. Tribunal noticed that his employment was not lost and there is no loss of future earning for him because he continued employment without any loss of wages. However, apart from reimbursement of medical expenses, for pain and sufferings Rs.12,500/- and discomfort Rs.8,000/- each was awarded. Total amount awarded was Rs.53,420/- with interest. This appeal is filed with delay of 440 days. The reasons stated in the delay condonation petition are not satisfactory for condoning the delay. Marriage of the petitioner's daughter, payment of loan amount etc. are not reasons for condoning the delay of more than one year. Hence delay condonation petition is dismissed. Consequently appeal is also dismissed. J.B.KOSHY,JUDGE A.K.BASHEER,JUDGE dvs