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 27TH JUNE 2011 / 6TH ASHADHA 1933 MACA.No. 724 of 2011() ---------------------- OPMV.914/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/ PETITIONER ------------------------ SHERLY, AGED 34 YEARS, W/O.PAUL CHACKO, MAMOOTTIL HOUSE, PALLIKUTH (PO), CHUNGATHARA AMSOM, NILAMBUR TALUK. BY ADV. SRI.NOBLE MATHEW RESPONDENTS/RESPONDENTS --------------- 1. ABRAHAM MATHEW, S/O.MATHEW, NEDUMPARAMBIL HOUSE, PALLIKUTH (PO), CHUNGATHARA (DRIVER). 2. JAYASREE, W/O.RAVINDRANATH, VALLANCHIRA HOUSE, NILAMBUR ROAD, MANJERI (PO), (OWNER). 3. NATIONAL INSURANCE CO.LTD., MIDDLETEN STREET, POST BOX NO.9229, KOLKATTA (PO), (INSURER). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1160 OF 2011 IN M.A.C.A.No.724 OF 2011 & M.A.C.A.No.724 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of June, 2011 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 518 days in filing the appeal. 2. The impugned award was passed by the Tribunal on June 24, 2009. But according to the petitioner/appellant, her counsel who represented her before the Tribunal gave an opinion that there is no scope for filing any appeal. More over, she had been facing financial stringency at that time. Therefore, she could not consult any counsel at Ernakulam or elsewhere. However, during the last week, she contacted another counsel and asked his opinion about the scope of filing an appeal. She was informed that there is every chance of success in the appeal and it is therefore she has now preferred this appeal with a petition to condone the delay. Having perused the averments in the affidavit filed in support of MACA.No.724/2011 2 the application, 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 sv. MACA.No.724/2011 2