IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 MACA.No. 307 of 2009() ---------------------- O.P.M.V NO.710/2002 OF M.A.C.T, NORTH PARAVUR APPELLANT(S): PETITIONER ------------------------ PAPPACHAN, S/O.MATHAI, KOYIKKARA HOUSE, PUTHENPALLY KARA,VARAPUZHA VILLAGE. BY ADV. SRI.PHILIP T.VARGHESE RESPONDENT(S): RESPONDENTS -------------------------- 1. SUDHEERAN,S/O.RAGHAVAN, MANAMEL HOUSE, NEAR CHURCH, THAZHEKKADU KARA,THAZHEKKADU VILLAGE MUKUNDAPURAM TALUK. 2. REGHUNATH.S.MENON, H.NO.49/2004, CHITHRANJALI, PONEKKARA ROAD,EDAPPAILLY. 3. NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, II MAIN ROAD,WILLINGTON ISLAND, KOCHI-682003. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & P.R.RAMACHANDRA MENON, JJ. ------------------------------------ C.M.Appl.No.324 of 2009 & M.A.C.A. No.307 of 2009 ------------------------------------- Dated this the 10th day of February, 2009 ORDER/JUDGMENT R.BASANT, J. This petition is to condone the delay of 489 days in filing the appeal. We are not satisfied that sufficient reasons are shown to condone the delay. In our anxiety to ensure that the dismissal of the application for condonation of delay does not result in miscarriage of justice, the counsel was requested to explain the reasons for challenge. The claimant is a 62 year old person allegedly engaging himself in stationery business. He had suffered multiple fractures. He was in hospital in 2 spells for a total period of 28 days. He had suffered permanent partial disability to the extent of 22%. 2. An amount of Rs.4 lakhs was claimed. The Tribunal awarded an amount of Rs.1,04,050/-. 3. The learned counsel for the appellant submits that the amount awarded under the head of pain and suffering (Rs.12,000/-) is too inadequate. The counsel then contends that the compensation awarded for physical disability of 22% suffered C.M.Appl.No.324 of 2009 & M.A.C.A. No.307 of 2009 2 by him at Rs.19,800/- for reduction in earning capacity and Rs.8,000/- for loss of amenities is not sufficient and adequate. Though the bills produced show an expenditure of Rs.42,000/-, Rs.55,000/- has been awarded as expenses for medical treatment. 4. We are not persuaded to agree that the amount awarded under any head can be held to be inadequate or that failure of justice is likely to result from the non interference with the impugned award. We do, in these circumstances, take the view that the petition for condonation of delay does not deserve to be allowed. 5. In these circumstances the petition for condonation of delay is dismissed. Consequently the appeal shall stand rejected as barred by limitation. (R.BASANT, JUDGE) (P.R.RAMACHANDRA MENON, JUDGE) rtr/-