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 2ND AUGUST 2010 / 11TH SRAVANA 1932 MACA.No. 998 of 2010() ---------------------- OPMV.730/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): PETITIONER. ------------------------- KUMAR, S/O. CHUDALA, AGED 30, ESTATE EMPLOYEE, HMT STATE LAYAM, DAIMUKKU KARA, PERIYAR VILLAGE, NOW RSIDING AT ADIMAKALE HOUSE, VELLIYEPPALLY KARA, MEENACHIL VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.SHIJU VARGHEESE SRIPRAMOJ ABRAHAM SRI.RENDEEP PREM RESPONDENT(S): RESPONDENTS 1 TO 3. ----------------------------------- 1. VINOD, S/O. VASANTHI, EDAVACHAL HOUSE, MUTHUMALA BHAGOM PANTHA KARA, EDAVACHAL VILLAGE, TRIVANDRUM DISTRICT. 2. KURIAN ABRAHAM, PATHIYAPPALLIL HOUSE, MULLAYAR ESTATE, SPRING VALLEY, KUMILY, IDUKKI DISTRICT. 3. THE ORIENTAL INSURANCE CO.LTD., KOTTAYAM TOWN, KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. -------------------------------------------------------- C.M.APPLN.1272/2010 & M.A.C.A. 998 OF 2010 -------------------------------------------------------- Dated: AUGUST 2, 2010 JUDGMENT Basheer, J. The prayer in this application filed under sec.5 of the Limitation Act is to condone the delay of 484 days in filing the appeal. 2. The impugned award was passed by the Tribunal on September 1, 2008. It is admitted by the petitioner that certified copy of the award was received on October 24, 2008. But, according to him, he was undergoing Ayurvedic treatment for the injuries suffered by him and that he had temporarily shifted his residence to Devikulam. It is further stated that he was not familiar with Ernakulam and therefore he could not engage a counsel. Still further, he had misplaced the case bundle somewhere and it took some time to trace it out. 3. Having perused the averments in the affidavit filed in support of the application for condonation of delay, we are not at all C.M.APPLN.1272/2010 & M.A.C.A. 998 OF 2010 2 satisfied with the so called explanation. Therefore the delay petition is dismissed. Consequently the appeal is also dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-