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 16TH JUNE 2011 / 26TH JYAISHTA 1933 MACA.No. 648 of 2011() ---------------------- OPMV.311/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER ------------------------ PRAMOD KUMAR.K, KAPPADAN, AGED 35 YEARS, S/O. KUNHIKANNAN NAMBIAR, PURAKKADI ESTATE, MYLAMPADY, MEENANGADI, S. BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SMT.CELINE JOSEPH RESPONDENTS: RESPONDENT NO. 1 AND 2 ---------------------------------- 1. ADARSH.K.A, S/O. AYYAPPAN, FEDERAL BANK, SULTHAN BATHERY, (DRIVER & OWNER OF KL 12B/1402) 2. THE BRANCH MANAGER, M/S. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, NOORANAL BUILDING, CHUNGAM, SULTHAN BATHERY, (INSURER OF KL 12B/1402) (POLICE NO. 101602/31/02/00678) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ----------------------------------------------- C.M.Application No.1072 of 2011 & M.A.C.A. No.648 of 2011 ------------------------------------------------ Dated this the 16th day of June, 2011 JUDGMENT A.K.Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 363 days in filing the appeal. 2. The impugned award was passed by the Tribunal on May 5, 2009. It is seen admitted by the deponent that certified copy of the award was received by his counsel on June 9, 2009 itself. 3. But the deponent went to the office of his counsel only on September 9, 2010. It was only then he knew that copy had been received in June 2009 itself and that a communication had been sent to him at that time. According to the petitioner, the said communication never reached him. We are not at all satisfied with the so called explanation offered by the petitioner to condone the inordinate delay. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. rkc